Ministers' Deputies / Rapporteur Groups
GR-J
Rapporteur Group on Legal Co-operation

GR-J(2006)20 22 December 20061
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Draft annotated agenda
Meeting of 10 January 2007

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01/07 Consultative Council of European Judges (CCJE) – Abridged report of 7th meeting (Strasbourg, 8-10 November 2006)
(CM(2006)213, CM(2006)213 add1, CM(2006)213 add2 and CM(2006)213 add3)

1. The Group is invited to examine the abridged report of the 7th meeting of the Consultative Council of European Judges (CCJE) contained in documents CM(2006)213 and Addenda 1, 2 and 3, with a view to transmitting these texts to the Deputies for adoption of the relevant decisions at their 985th meeting (31 January 2007). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box), with the exception of the terms of reference. However, it is recalled that the Deputies will hold an exchange of views with the Chair of CCJE at their meeting on 31 January 2007.

    These are the proposed decisions:

    “The Deputies

    1. took note of Opinion No. 8 of the Consultative Council of European Judges (CCJE) on “The role of judges in the protection of the Rule of law and human rights in the context of terrorism”, as it appears in document CM(2006)213 Addendum 1;

    2. took note of CCJE Opinion No. 9 on “The role of national judges in ensuring an effective application of international and European law”, as it appears in document CM(2006)213 Addendum 2;

    3. agreed to forward these two Opinions to the competent authorities in the member states with a view, where appropriate, to having them translated into the corresponding languages;

    4. agreed to forward these two Opinions to the Committee of Experts on Terrorism (CODEXTER), the Committee of Legal Advisers on Public International Law (CAHDI), the European Committee on Legal Co-operation (CDCJ), the European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Prosecutors (CCPE), so that these committees can take the opinions into account in their work;

    5. took note of the report prepared for their attention on the measures to be taken in order to make proper use in member states of the Opinions given by the CCJE, in keeping with the Action Plan of the Third Summit of Heads of State and Government, as it appears in document CM(2006)213 Addendum 3, and agreed to forward it to the relevant national authorities;
    6. adopted the terms of reference of the CCJE, as they appear at Appendix … to the present volume of Decisions; < see Appendix to document CM(2006)213 >

    7. in the light of decisions 1-6 above, took note of the abridged report of the 7th meeting of the CCJE, as it appears in document CM(2006)213, as a whole.”

02/07 Procedure for consideration of reports of the Committee of Experts on the European Charter for Regional or Minority Languages
(GR-J(2006)19)

2. It is recalled that the GR-J agreed at its meeting on 14 November 2006, to examine at a future meeting the general issue, raised during its discussion of a report by the Committee of Experts with respect to a specific country, concerning a possible procedure for obtaining information on the position of the Committee of Experts under the European Charter for Regional or Minority Languages, when examining reports under the Charter. A working document has been prepared by the Secretariat, containing the view of the Committee of Experts on this matter as well as a draft decision for the Group’s consideration (see document GR-J(2006)19).

03/07 European Charter for Regional or Minority Languages:

a. Election of a member of the Committee of Experts in respect of Denmark
(CM(2006)211 and CM/Notes/985/10.2)

3. The GR-J is requested to examine candidatures presented by Denmark (document CM(2006)211) on the basis of document GR-J(2004)2rev, in which it has laid down its the criteria for examining candidatures to the Committee of Experts of the European Charter for Regional or Minority Languages. See also CM/Notes/985/10.2.

b. 2nd report of the Committee of Experts in respect of United Kingdom
(CM(2006)218 and CM/Notes/985/10.3)

4. The Group is invited to examine the second report relating to United Kingdom contained in document CM(2006)218, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 985th meeting (31 January 2007). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

    These are the proposed decisions (see CM/Notes/985/10.3):

    “The Deputies

    1. took note of the second report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of the United Kingdom as it appears in CM(2006)218;

    2. adopted Recommendation RecChL(2007)… on the application of the European Charter for Regional or Minority Languages by the United Kingdom as it appears at Appendix … to the present volume of Decisions (see Appendix to the Notes – document CM/Notes/985/10.3) and agreed to forward it to the United Kingdom authorities.”

04/07 Steering Committee on Local and Regional Democracy (CDLR)

    a. Abridged report of the 38th meeting (Strasbourg, 20-22 November 2006) –
    b. Recommendation Rec(2007)… on local and regional public services –
    c. Recommendation Rec(2007)… on the conclusion of transfrontier co-operation agreements in South-Eastern Europe
    d. Terms of reference of the subordinary bodies to the CDLR

(CM(2006)221)

5. The Group is invited to examine the abridged report of the 38th meeting of the Steering Committee on Local and Regional Democracy (CDLR) contained in document CM(2006)221, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 985th meeting (31 January 2007). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box), with the exception of the terms of reference.

    These are the proposed decisions:

“Steering Committee on Local and Regional Democracy (CDLR)

    a. Abridged report of the 38th meeting (Strasbourg, 20-22 November 2006) –
    b. Recommendation Rec(2007)… on local and regional public services –
    c. Recommendation Rec(2007)… on the conclusion of transfrontier co-operation agreements in South-Eastern Europe

    The Deputies

    1. took note of the comments by the Steering Committee on Local and Regional Democracy (CDLR) on Recommendation 1770(2006) of the Parliamentary Assembly on the promotion of local self-government along Council of Europe borders, as it appears in document CM(2006)221, Appendix 2;

    2. took note of the CDLR reply to questions from the Thematic Co-ordinator for Local and Regional Co-operation (TC-LARC) in relation to the Statute of the Congress of Local and Regional Authorities of the Council of Europe, as it appears in document CM(2006)221, Appendix 3;

    3. adopted Recommendation Rec(2007)…of the Committee of Ministers to member states on local and regional public services, as it appears at Appendix … to the present volume of Decisions;
    < see Appendix 4 to document CM(2006)221 >

    4. adopted Recommendation Rec(2007)…of the Committee of Ministers to member states
    on the conclusion of transfrontier co-operation agreements in South Eastern Europe, as it appears at Appendix … to the present volume of Decisions; < see Appendix 5 to document CM(2006)221 >

    5. in the light of decisions 1-4 above, took note of the abridged report of the 38th meeting of the CDLR, as it appears in document CM(2006)221, as a whole.”

“Steering Committee on Local and Regional Democracy (CDLR)

    d. Terms of reference of the subordinary bodies to the CDLR

    The Deputies

    1. adopted the terms of reference of the Committee of Experts on Transfrontier Co-Operation (LR-CT), as they appear at Appendix … to the present volume of Decisions; < see Appendix 6 to document CM(2006)221 >

    2. adopted the terms of reference of the Committee of experts on finance and public services at local and regional level (LR-FL), as they appear at Appendix … to the present volume of Decisions; < see Appendix 7 to document CM(2006)221 >

    3. adopted the terms of reference of the Committee of experts on democratic participation and public ethics at local and regional level (LR-DP), as they appear at Appendix … to the present volume of Decisions; < see Appendix 8 to document CM(2006)221 >

    4. adopted the terms of reference of the Committee of experts on the legal framework and institutional structure of local and regional government (LR-FS), as they appear at Appendix … to the present volume of Decisions; < see Appendix 9 to document CM(2006)221 >”

05/07 High-Level Conference of the European Ministries of Justice and of the Interior
(Moscow, 9-10 November 2006) – Follow-up

(CM(2006)219)

6. The GR-J is invited to examine the enclosed draft decisions, if agreement is reached in the Group this item will be transmitted to the Deputies for adoption of the relevant decisions without further debate (in the box), at their 985th meeting (31 January 2007).

    These are the proposed decisions:

    “The Deputies

    1. took note of the information document prepared by the Directorate General of Legal Affairs (DGI) on the High-level Conference of the Ministries of Justice and of the Interior on “Improving European Co-operation in the Criminal Justice Field” organised in Moscow (Russian Federation) on 9-10 November 2006, as it appears in document CM(2006)219;

    2. decided to ask the European Committee on Crime Problems (CDPC) to carry out follow-up work with a view to implement the Conclusions adopted by the Conference – as they appear in document CM(2006)219 Appendix III - and to report to them on the progress achieved and on expected results, after its next plenary session.”

06/07 Committee of Experts on Terrorism (CODEXTER) – Abridged report of the 11th meeting (Strasbourg, 4-6 December 2006)
(CM(2006)220 and CM(2006)220 add)

7. The Group is invited to examine the abridged report of the 11th meeting of the Committee of Experts on Terrorism (CODEXTER) contained in documents CM(2006)220 and CM(2006)220 Addendum, with a view to transmitting these texts to the Deputies for adoption of the relevant decisions at their 984th meeting (17 January 2007). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

    These are the proposed decisions:

    “The Deputies

    1. took note of the reply of the Committee of Experts on Terrorism (CODEXTER) to the Message of the Committee of Ministers of 27 September 2006 to committees involved in intergovernmental co-operation at the Council of Europe, as it appears in document CM(2006)220 Appendix II;

    2. took note of the reply of CODEXTER to the Decision of the Committee of Ministers of 29 November 2006 regarding the Joint OSCE-Council of Europe Expert Workshop on Preventing Terrorism: Fighting Incitement and related Terrorist Activities, as it appears in document CM(2006)220 Appendix III;

    3. adopted Recommendation Rec(2007)… of the Committee of Ministers to member states regarding co-operation against terrorism between the Council of Europe and its member states, and the International Criminal Police Organization (ICPO – Interpol), as it appears at Appendix … to the present volume of Decisions; < see Appendix V to document CM(2006)220 >

    4. in the light of decisions 1-3 above, took note of the abridged report of the 11th meeting of CODEXTER, as it appears in document CM(2006)220, as a whole.”

07/07 Bureau of the European Committee on Legal Co-operation (CDCJ-BU) – Draft terms of reference of bodies answerable to the CDCJ
(CM(2006)222)

8. The Group is invited to examine the draft terms of reference of a number of subordinate bodies of the European Committee on Legal Co-operation (CDCJ), which were approved by the Committee’s Bureau meeting in Strasbourg on 13-15 December 2006 (see document CM(2006)222). If approved by the GR-J, these terms of reference will then be transmitted to the Deputies for adoption of the relevant decisions at their 985th meeting (31 January 2007).

    These are the proposed decisions:

    “The Deputies

    1. adopted the terms of reference of the Project Group on Administrative law (CJ-DA), as they appear at Appendix … to the present volume of Decisions; < see document CM(2006)222 >

    2. adopted the terms of reference of the Committee of experts on family (CJ-FA), as they appear at Appendix … to the present volume of Decisions; < see document CM(2006)222 >

    3. adopted the terms of reference of the Group of Specialists on the independence, efficiency and role of judges (CJ-S-JUST), as they appear at Appendix … to the present volume of Decisions; < see document CM(2006)222 >

    4. adopted the terms of reference of the Group of Scientific experts on medical liability (CJ-S-MED), as they appear at Appendix … to the present volume of Decisions; < see document CM(2006)222 >

    5. adopted the terms of reference of the Group of Specialists on remedies for crime victims (CJ-S-VICT), as they appear at Appendix … to the present volume of Decisions; < see document CM(2006)222 >”

Any other business

-

Date of the next meeting:

9. The next meeting will take place on Wednesday, 28 February 2007 at 10 a.m..

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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