Ministers' Deputies
Notes on the Agenda

CM/Notes/919/4.2 4 March 20051
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919 Meeting, 16 March 2005
4 Human Rights


4.2 Framework Convention for the Protection of National Minorities Election of an expert to the list of experts eligible to serve on the Advisory Committee – Candidates in respect of Romania

Item prepared by the GR-H

Reference documents
CM(2005)23

GR-H(2005)CB2

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Action

To elect an expert in respect of Romania to the list of experts eligible to serve on the Advisory Committee.

1. It is recalled that, pursuant to Article 26, paragraph 1 of the Framework Convention, the Committee of Ministers shall be assisted by an Advisory Committee, “the members of which shall have recognised expertise in the field of the protection of national minorities”. Furthermore, it is recalled that Rules 2, 5, 6, 8, 9, 10 and 15 of Resolution (97) 10 provide the following:

“Rule 2:

The number of ordinary members of the Advisory Committee shall be a minimum of twelve and a maximum of eighteen. (…)

Rule 5:

The members of the Advisory Committee shall have recognised expertise in the field of the protection of national minorities.

Rule 6:

The members of the Advisory Committee shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.

Rule 8:

Each Party may submit to the Secretary General the names and the curricula vitae, in one of the official languages of the Council of Europe, of at least two experts who have the required qualifications and capacity to serve on the Advisory Committee. The Secretary General shall transmit these documents to the Committee of Ministers.

Rule 9:

The Committee of Ministers shall elect one of these experts to be entered on the List in respect of that Party.

Rule 10:

Elections shall be held in the chronological order in which the names and curricula vitae submitted by Parties have been received.

Rule 15:

Once the number of entries on the List exceeds eighteen, the Committee of Ministers shall in filling vacant seats in the Advisory Committee, give priority to appointing, in the following order, experts on the List from the Parties in respect of which no ordinary member has been appointed:

a. at two or more consecutive rounds of appointments immediately preceding the current one;

b. at the round of appointments immediately preceding the current one;

followed by experts on the List from other Parties in respect of which there is currently no ordinary member.

For each of these categories, the rule shall apply that if the number of experts entitled to appointment exceeds the number of vacant seats, ordinary members shall be selected by the Committee of Ministers through the drawing of lots.”

2. It is recalled that the Advisory Committee having its full complement of 18 members, the Deputies are invited to elect an expert in respect of Romania to the list of experts eligible to serve on the Advisory Committee. Reference is made to Rules 2, 9 and 15 of Resolution (97) 10, quoted above. It is also recalled that, in accordance with Rule 19 of Resolution (97) 10, during consideration of a state report from a Party in respect of which there is no ordinary member of the Advisory Committee, the expert who is on the list in respect of that Party shall be invited to sit as an additional member.

3. The names and curricula vitae of the candidates presented in respect of Romania appear in document CM(2005)23. The Rapporteur Group on Human Rights (GR-H) held a preliminary exchange of views on this question on 22 February 2005 in respect of Romania. The outcome of this exchange of views appear in the synopsis of the meeting (see doc. GR-H(2005)CB2).

4. To be elected, it is necessary to obtain an absolute majority of the votes of the Deputies having the right to vote. All members of the Committee of Ministers are entitled to take part in the vote, which will be by secret ballot. Should none of the candidates on the list obtain the required majority, it would be necessary to hold a second round of voting.

Financing assured: YES

DRAFT DECISIONS

919th meeting – 16 March 2005

Item 4.2

Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of Romania
(CM(2005)23, GR-H(2005)CB2)

Decisions

The Deputies

1. having proceeded to election in conformity with Rules 8-9 of Resolution (97) 10, declared elected to the list of experts eligible to serve on the Advisory Committee:

¼ in respect of Romania;

2. consequently adopted Resolution ResCMN(2005)…, as it appears at Appendix … to the present volume of Decisions. <see Appendix to the present Notes>

Appendix I
(item 4.2)

Draft Resolution ResCMN(2005)…
Framework Convention for the Protection of National Minorities -
Election of an expert to the list of experts eligible to serve on the Advisory Committee
in respect of Romania

(Adopted by the Committee of Ministers on … 2005
at the 919th meeting of the Ministers' Deputies)

The Committee of Ministers,

By virtue of Article 26, paragraph 2 of the Framework Convention for the Protection of National Minorities and of Rule 9 of Resolution (97) 10 (Rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention for the Protection of National Minorities),

Considering that the Government of Romania ratified the Framework Convention for the Protection of National Minorities on 11 May 1995, and that the Convention entered into force in respect of Romania on 1 February 1998;

Having regard to the nomination of candidates, in accordance with Rule 8 of Resolution (97) 10 by Romania by a letter dated 7 January 2005;

Having proceeded to election by secret ballot;

- Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on [date election] :

… in respect of Romania.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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