Ministers’ Deputies
Notes on the Agenda

CM/Notes/958/10.6 3 March 20061
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958 Meeting, 15 March 2006
10 Legal questions


10.6 Draft protocol on the avoidance of statelessness in relation to state succession and its Explanatory Report

Item prepared by the GR-J

Reference documents
(CM(2005)78 and Addendum, Parliamentary Assembly Opinion No. 258 (2006), GR-J(2006)3) and GR-J(2006)CB2, CM(2006)37 and Addendum)

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Action
To adopt the draft protocol on the avoidance of statelessness in relation to state succession as contained in document CM(2006)37 and to take note of its Explanatory Report (document CM(2006)37 Addendum).

1. It is recalled that the Deputies decided at their 930th meeting (15 June 2005, item 10.1b), to invite the Parliamentary Assembly to give an opinion on the draft protocol on the avoidance of statelessness in relation to state succession contained in document CM(2005)78. The Assembly adopted its opinion on 27 January 2006 (Opinion No. 258 (2006). The Deputies decided at their 954th meeting (1 February 2006, item 3.1b), to invite their Rapporteur Group on Legal Co-operation (GR-J) to consider the Opinion at its meeting of 28 February 2006 and to report back. On the same occasion, they agreed to resume consideration of the draft Protocol on the avoidance of statelessness in relation to state succession at one of their forthcoming meetings.

2. The GR-J examined the draft protocol (CM(2005)78 and Addendum) and Opinion No. 258 (2006) of the Parliamentary Assembly in the light of comments made by the Secretariat as contained in document
GR-J(2006)3 at its meeting on 28 February 2006. The Group agreed with the proposals made by the Secretariat and decided to transmit a consolidated version of the draft text to the Deputies for adoption at its 958
th meeting (15 March 2006). The consolidated version of the text will be contained in document CM(2006)37 and Addendum which is to be issued. The Group also agreed on a draft decision in which the Deputies would take note of the above-mentioned GR-J document prepared by the Secretariat.

Financing assured: YES

DRAFT DECISIONS

958th meeting – 15 March 2006

Item 10.6

Draft protocol on the avoidance of statelessness in relation to state succession and its Explanatory Report
(CM(2005)78 and Addendum, Parliamentary Assembly Opinion No. 258 (2006), GR-J(2006)3) and GR-J(2006)CB2, CM(2006)37 and Addendum)

Decisions

The Deputies

1. took note of the comments made by the Secretariat to Parliamentary Assembly Opinion No. 258 as contained in document GR-J(2006)3;

2. adopted the Council of Europe Convention on the avoidance of statelessness in relation to state succession as it appears at Appendix .. to the present volume of Decisions; < see document CM(2006)37 >

3 decided to open the Convention for signature;

4. agreed to come back to the issue of the date and place of the opening for signature of the Convention at one of their forthcoming meetings;

5. took note of the Explanatory report to the Convention as it appears in document CM(2006)37 Addendum.

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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