Ministers’ Deputies
Notes on the Agenda

CM/Notes/951/10.7 13 December 20051
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951 Meeting, 14 December 2005
10 Legal questions


10.7 European Committee on Legal Cooperation (CDCJ)

a. Draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT)
b. Draft specific terms of reference of the Group of Specialists on the Legal Status of
Non-Governmental Organisations (CJ-S-ONG)

Item prepared by the GR-J

Reference documents
CM/Del/Dec/949/1.1,
CM/Notes/951/10.7 Addendum
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Action

To adopt the draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT) and the Group of Specialists on the Legal Status of Non-Governmental Organisations (CJ-S-ONG).

1. At its 80th meeting (20-22 April 2005), the European Committee on Legal Co-operation (CDCJ) instructed its Bureau to decide on the follow up to its activities on seeking legal solutions to debt problems and on the legal status of non governmental organisations. The CDCJ Bureau met in Strasbourg on
13-14 October 2005 where it approved two specific terms of reference as attached in Appendix 1 and 2 to the present Notes.

2. The Bureau of the CDCJ invited the Committee of Ministers:

to approve the draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT);

to approve the draft specific terms of reference of the Group of Specialists on the Legal Status of Non-Governmental Organisations (CJ-S-ONG).

3. It is recalled that at their 949th meeting (1 December 2005, item 1.1), the Deputies agreed to postpone this item on agenda to their 951st meeting (14 December 2005), after consideration by their Rapporteur Group on Legal Co-operation (GR-J).

4. At its meeting on 8 December 2005, the GR-J examined the draft terms of reference for the two groups of specialists. It agreed as follows:

a. Draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT)

To request the Secretariat to prepare a document for the 951st meeting of the Deputies containing the information provided orally to the GR-J, ie explaining the background to and reasons for the proposed activity. (see document CM(2005)80 final).

b. Draft specific terms of reference of the Group of Specialists on the Legal Status of
Non-Governmental Organisations (CJ-S-ONG)

To transmit the draft terms of reference for the Group of Specialists on the Legal Status of Non-Governmental Organisations (CJ-S-ONG), to the Deputies for adoption without further debate.

Financing assured: YES

DRAFT DECISIONS

951st meeting – 14 December 2005

Item 10.7a

European Committee on Legal Cooperation (CDCJ)

a. Draft specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT)

Decision

The Deputies adopted the specific terms of reference of the Group of Specialists on Seeking Legal Solutions to Debt Problems (CJ-S-DEBT), as they appear at Appendix … to the present volume of Decisions.

Item 10.7b

European Committee on Legal Cooperation (CDCJ)

b. Draft specific terms of reference of the Group of Specialists on the Legal Status of Non-Governmental Organisations (CJ-S-ONG)

Decision

The Deputies adopted the specific terms of reference of the Group of Specialists on the Legal Status of Non-Governmental Organisations (CJ-S-ONG), as they appear at Appendix … to the present volume of Decisions.

Appendix 1
(Item 10.7a)

Specific terms of reference of the group of specialists on seeking legal solutions to debt problems (CJ-S-DEBT)

1. Name of Group:

Group of Specialists on seeking legal solutions to debt problems (CJ-S-DEBT)

2. Type of Group:

Group of Specialists

3. Source of terms of reference:

European Committee on Legal Cooperation (CDCJ)

4. Terms of reference:

Under the authority of the European Committee on Legal Cooperation (CDCJ), the Group of Specialists on seeking legal solutions to debt problems is called upon:

a. to analyse existing legislation and good practises as well as to identify the difficulties met in finding solutions to debt problems;

b. to prepare an appropriate instrument defining legislative and administrative measures as well as to consider remedies to prevent and solve debt problems;

c. to consider the role and co-operation of competent bodies at international, national, regional and local level, such as courts, administrative authorities, non-governmental organisations involved as well as financial and lending institutions;

d. to consider ways of providing assistance to member states in application of the above mentioned instrument and, when necessary, make appropriate proposals to the Committee of Ministers.

These draft terms of reference are based on the Resolution No. 1 of European Ministers of Justice on seeking legal solutions to the debt problems in a credit society (MJU-26 (2005) Resol. 1 Final).

5. Membership of the Group:

a. The Group shall be composed of 5 specialists in these fields, to be appointed by the Secretary General. Their travel and subsistence expenses will be borne by the budget of the Council of Europe.

b. The Group shall be chaired by a member of the CDCJ.

c. The European Commission may send one representative to the meetings of the Group without the right to vote or defrayal of expenses.

6. Working structures and methods:

In order to discharge its functions, the Group may seek the advice of external experts and have recourse to studies by consultants.

7. Duration

These terms of reference will expire on 31 December 2006.

Appendix 2
(Item 10.7b)

Specific terms of reference of the group of specialists on the legal status of non-governmental organisations (CJ-S-ONG)

1. Name of Group:

Group of specialists on the legal status of non-governmental organisations (CJ-S-ONG)

2. Type of Group:

Group of specialists

3. Source of terms of reference:

European Committee on Legal Co-operation (CDCJ)

4. Terms of reference:

Having regard to the Decision of the Committee of Ministers CM/Del/Dec(2005)931, item 2.1b(2) and taking into account the “Fundamental Principles on the Status of non-governmental organisations in Europe” and the Secretary General’s thematic report on “freedom of association”, the CJ-S-ONG is instructed, under the authority of the European Committee on Legal Co-operation (CDCJ), to pursue its examination of the proposal to elaborate a non-binding legal instrument in the form of a draft Recommendation on the legal status of NGOs in Europe.

5. Membership of the Group:

a. The Group shall be composed of 5 specialists appointed by the Secretary General. Their travel and subsistence expenses will be borne by the budget of the Council of Europe. The members of the Group should have vast personal experience and extensive knowledge in the field of the legal status of NGOs.

b. The Group shall be chaired by a member of the CDCJ.

c. The Steering Committee for Human Rights (CDDH) and the Conference of INGOs enjoying participatory status with the Council of Europe may send one representative to meetings of the Group without the right to vote or defrayal of expenses.

d. The European Commission and the General Secretariat of the Council of the European Union may send one representative to the meetings of the Group without the right to vote or defrayal of expenses.

6. Working structures and methods:

The CJ-S-ONG will carry out its functions in consultation with the Steering Committee for Human Rights (CDDH) and the Conference of INGOs enjoying participatory status with the Council of Europe. It may seek the advice of external experts and have recourse to studies by consultants.

7. Duration:

These terms of reference will expire on 31 December 2006.

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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