Ministers' Deputies / Rapporteur Groups
GR-H
Rapporteur Group on human rights

GR-H(2009)5 20 March 20091
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European Social Charter –
European Committee of Social Rights (ECSR) –
Procedure for the election of a member

Item to be prepared by the GR-H at its meeting of 14 April 2009

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1. The Deputies will be invited to decide on the procedure regarding the election of a member of the European Committee of Social Rights to replace Ms Annalisa CIAMPI (Italian) who resigned from the Committee on 6 March 2009.

2. A copy of a letter from the President of the European Committee of Social Rights, Ms Polonca KONČAR, informing the Secretary General of the resignation of Ms CIAMPI, appears at Appendix I.

3. The list of the members of the Committee, in order of precedence and indicating the date of the end of their term of office, appears at Appendix II.

4. It is recalled that Ms CIAMPI’s term of office would have ended on 31 December 2010 and therefore the term of office of the new member elected will also end on this date, in application of Article 25, paragraph 4, of the Charter.

5. The procedure could be similar to the one used for previous elections (see draft decisions).

6. In accordance with the wish expressed by GR-H during previous elections, the following information is provided concerning the ECSR members’ obligations and the current composition of the Committee. In this respect the attention of the Deputies is also drawn to Appendix I where reference is made to the view of the European Committee of Social Rights that in electing new members, particular weight should be given to candidates who have a legal background and judicial experience and relevant human rights experience in particular in the field of economic and social rights. The desirability of achieving a better gender balance is also recalled.

ECSR duties

It is recalled that the European Committee of Social Rights:

- examines reports submitted by States Parties to the Charter (either the 1961 Charter or the 1996 Revised Charter) and makes a legal assessment of the conformity of national situations with the Charter;

- examines collective complaints lodged under the 1995 Protocol, decides on admissibility and examines the merits.

Obligations

According to Article 25 of the Charter as amended by the Turin Protocol, the Committee members must be “of the highest integrity and of recognised competence in national and international social questions”.

In application of Rule 5 of the Committee’s Rules:

“Before taking up duties, each member of the Committee shall, at the first meeting of the Committee at which the member is present after election, make the following declaration:

‘I solemnly declare that I will exercise my functions as a member of this Committee with the requirements of independence, impartiality and availability inherent in my office and that I will keep secret the Committee’s deliberations’.”

Availability

- 7 sessions per year each lasting 5 days
- Meetings held in states concerning non-accepted provisions
- Missions to states preparing for ratification
- Information meetings on the Charter

Allowances

- Travel expenses covered by the Council of Europe
- Per diem: €323 per session day
- Allowance for work at home: €147 per day

ECSR members’ professions2

- 13 university professors of which: 7 in labour law; 4 in public law – human rights law; 2 in social sciences
- 1 judge; 1 former judge

Gender balance

6 women and 8 men (after the resignation of Ms CIAMPI).

DRAFT DECISIONS

10…th meeting – … 2009

Item 4…

European Social Charter – European Committee of Social Rights –
Procedure for the election of a member

Decisions

The Deputies

1. adopted the following procedure for filling the seat on the European Committee of Social Rights, which fell vacant on 6 March 2009 following the resignation of Ms Annalisa CIAMPI (Italian), for a term of office ending on 31 December 2010:

    a. each State Party to the European Social Charter or Revised European Social Charter belonging to Group IV may submit to the Secretary General of the Council of Europe, by 29 May 2009 at the latest, the name of a candidate it deems suitable for the vacant seat in this group, having regard to Article 25 of the Charter as it appears in Article 3 of the Protocol amending the European Social Charter and to the agreed rules concerning nationality,3 and taking into account Recommendation No. R (81) 6 of the Committee of Ministers adopted on 30 April 1981;4

    b. the Secretary General will then forward the list of nominations to the Committee of Ministers, which will hold an election by secret ballot as soon as possible;

    c. the candidate obtaining an absolute majority of the votes cast and the highest number of votes will be declared elected;

    d. if the seat remains unfilled after the first ballot, there will be a second round of voting in which the candidate obtaining the highest number of votes will be declared elected;

2. agreed, for the purposes of this election, to allocate the 47 member states as follows:5

Group I (three seats): no seats vacant

Armenia, Austria, Czech Republic, Germany, Hungary, Liechtenstein, Slovakia and Switzerland.

Group II (three seats): no seats vacant

Azerbaijan, Belgium, Bulgaria, France, Luxembourg, Moldova, Monaco, Netherlands, Romania and Turkey.

Group III (three seats): no seats vacant

Denmark, Finland, Iceland, Ireland, Norway, Sweden and United Kingdom

Group IV (three seats): one seat vacant

Albania, Andorra, Cyprus, Georgia, Greece, Italy, Malta, Portugal, San Marino and Spain.

Group V (three seats): no seats vacant

Bosnia and Herzegovina, Croatia, Estonia, “the former Yugoslav Republic of Macedonia”, Latvia, Lithuania, Montenegro, Poland, Russian Federation, Serbia, Ukraine and Slovenia.

Appendix I

EUROPEAN COMMITTEE OF SOCIAL RIGHTS

COMITE EUROPEEN DES DROITS SOCIAUX

The President / Le Président

                  Mr Terry Davis
                  Secretary General
                  Council of Europe
                  67075 – STRASBOURG Cedex

Strasbourg, 16 March 2009

Dear Secretary General,

In accordance with Rule 7§2 of the Committee’s Rules of Procedure, I am writing to inform you that Ms Annalisa Ciampi has resigned from the European Committee of Social Rights. Her resignation took effect on 6 March 2009.

I would be grateful if you could inform the Ministers’ Deputies and invite them to start the electoral process in order to fill the vacant seat within the Committee.

Candidates presented by States Parties to the Charter should fulfil the conditions set out in Article 25 of the European Social Charter as amended by the Turin Protocol6 as well as in Rule 3§17 of the Committee’s Rules.

The Committee wishes to draw the Deputies’ attention to the view of the Committee that, in electing new members, particular weight should be given to candidates who have a legal background and judicial experience, with relevant human rights experience in particular in the field of economic and social rights. The Committee wishes to highlight the importance of this in view of the collective complaints procedure.

Further, the Committee wishes to recall that after the resignation of Ms Ciampi the Committee is composed of 6 women and 8 men.

Yours faithfully,

[signed]

Polonca Končar

Appendix II

List of members
(in order of precedence8)

Term of office

Ms Polonca KONČAR, President (Slovenian) 31/12/2010

Mr. Andrzej SWIATKOWSKI, Vice-President (Polish) 31/12/2012

Mr Colm O’CINNEIDE, Vice-President (Irish) 31/12/2010

Mr. Jean-Michel BELORGEY, General Rapporteur (French) 31/12/2012

Ms Csilla KOLLONAY LEHOCZKY (Hungarian) 31/12/2012

Mr Lauri LEPPIK (Estonian) 31/12/2010

Ms Monika SCHLACHTER (German) 31/12/2012

Ms Birgitta NYSTRÖM (Swedish) 31/12/2012

Mrs Lyudmila HARUTYUNYAN (Armenian) 31/12/2010

Mr Rüchan IŞIK (Turkish) 31/12/2014

Mr Petros STANGOS (Greek) 31/12/2014

Mr Alexandru ATHANASIU (Romanian) 31/12/2014

Mr Luis JIMENA QUESADA (Spanish) 31/12/2014

Ms Jarna PETMAN (Finnish) 31/12/2014

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.

2 Certain Committee members carry out several duties.

3 3 The Committee may consist of no more than one member of any particular nationality.

4 4 The Recommendation covers the participation of men and women in an equitable proportion in committees and other bodies set up in the Council of Europe. After the resignation of Ms CIAMPI, the Committee comprises 8 men and 6 women.

5 5 States that have ratified the Charter or Revised Charter are shown in bold type in the text.

6 “Experts of the highest integrity and of recognised competence in national and international social questions”.

7 “Requirements of independence, impartiality and availability”.

8 In accordance with Rule 5 of the Committee’s Rules.



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