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

GR-J(2007)4 23 March 20071
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Draft annotated agenda
Meeting of 10 April 2007

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12/07 Message of the Committee of Ministers to committees involved in intergovernmental co-operation at the Council of Europe – contributions from the Committees working in the legal field on the implement of the Warsaw Action Plan
(GR-J(2007)3)

1. The Group is invited to examine the contributions received from committees involved in intergovernmental co-operation in the legal field on the implementation of the Warsaw Action Plan (see document GR-J(2007)3), in reply to the Message addressed to them by the Ministers’ Deputies (see Appendix). All the relevant committees have submitted contributions. These are:

- European Committee on Legal Co-operation (CDCJ) (p. 2)
- European Committee on Crime Problems (CDPC) (p. 7)
- Steering Committee on Bioethics (CDBI) (p. 14)
- European Commission for the Efficiency of Justice (CEPEJ) (p. 17)
- Consultative Council of European Judges (CCJE) (p. 17)
- Consultative Council of European Prosecutors (CCPE) (p. 18)
- Cybercrime Convention Committee (T-CY) (p. 24)
- Committee of Legal Advisers on Public International Law (CAHDI) (p. 25)
- Committee of Experts on Terrorism (CODEXTER) (p. 26)
- Steering Committee on Legal and Regional Democracy (CDLR) (p. 28)

Delegations are invited to give their comments, on the basis of the information provided, on how the Action Plan has been implemented so far, as well as on the direction chosen by the committees concerned for the further implementation of the Action Plan. In the light of the discussion, the Chairman, together with the Secretariat, will prepare a concise text for transmission to the Follow-up Committee on the Third Summit (CM-SUIVI3) for inclusion in the report on the implementation of the Warsaw Action Plan to be prepared for the 117th Ministerial Session to be held in May.

13/07 European Committee on Legal Co-operation (CDCJ) – Draft European Convention on the adoption of children (revised) – Invitation to the Parliamentary Assembly to give an opinion
(CM(2007)44)

2. The Group has received a proposal to transmit the draft Convention, as contained in document (CM(2007)44), to the Parliamentary Assembly for opinion. If there is agreement in the Group, the draft Convention will be submitted to the Deputies for adoption of the appropriate decision at their 993th meeting (11 April 2007), without any further debate.

Decision proposed:

“The Deputies invited the Parliamentary Assembly to give an opinion on the Draft European Convention on the adoption of children (revised), contained in document CM(2007)44”.

14/07 Draft reply to the Recommendation 197 (2006) of the Congress of Local and Regional Authorities of the Council of Europe on urban security in Europe
(CM/Cong(2007)Rec197 prov)

3. Recommendation 197(2006) was adopted on 2ndJune 2006. At their 973 meeting (13 September 2006) the Deputies decided to bring it to the attention of their governments and invited their Rapporteur Group on Legal Cooperation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings. The Secretariat has prepared a draft reply to the recommendation, which is contained in document CM/Cong(2007)Rec197 prov. The GR-J is invited to examine the draft with a view to submitting it to the Deputies for adoption, without further debate, at their 995th meeting (16 May 2007).

15/07 European Charter for Regional or Minority Languages – Election of a member of the Committee of Experts in respect of the Czech Republic
(CM(2007)37)

4. The GR-J is requested to examine candidatures presented by the Czech Republic (document CM(2007)37) 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.

16/07 European Charter for Regional or Minority Languages – Election of a member of the Committee of Experts in respect of Slovenia
(CM(2007)41)
5. The GR-J is requested to examine candidatures presented by Slovenia (document CM(2007)41 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.

17/07 European Charter for Regional or Minority Languages – Third report of the Committee of Experts in respect of Hungary
(CM(2007)42)

6. The Group is invited to examine the third report relating to Hungary contained in document CM(2007)42, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 995th meeting (16 May 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 third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Hungary as it appears in CM(2007)42;

2. adopted Recommendation RecChL(2007)… on the application of the European Charter for Regional or Minority Languages by Hungary as it appears at Appendix … to the present volume of Decisions and agreed to forward it to the Hungarian authorities.”

18/07 European Charter of Regional or Minority Languages – Third report of the Committee of Experts in respect of Norway
(CM(2007)43)

7. The Group is invited to examine the third report relating to Norway contained in document CM(2007)43, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 995th meeting (16 May 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 third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Norway, as it appears in CM(2007)43;

2. adopted Recommendation RecChL(2007)… on the application of the European Charter for Regional or Minority Languages by Norway as it appears at Appendix … to the present volume of Decisions and agreed to forward it to the Norwegian authorities”.

11/07 The Legal question raised by a delegation concerning the use of the expression “Committee of Ministers in its composition limited to representatives of members” [of a partial agreement]
(GR-J(2007)2)

8. During the last meeting of GR-J, the President informed the Group that the Chairman of the Minister’s Deputies asked him, in his capacity as Chairman of the Rapporteur Group on Legal Co-operation (GR-J), to examine in the GR-J, the legal question raised by a delegation concerning the use of the expression ”Committee of Ministers in its composition limited to representatives of members [of a partial agreement]”.This item had to be carried over to the next meeting for lack of time. The Group is invited to examine this question on the basis of the document prepared by the Secretariat recalling the decision-making process in the context of Partial Agreements, as contained in document GR-J(2007)2.

Any other business

Date of the next meeting:

9. The next meeting will take place on Tuesday, 12 June 2007 at 10 am.

Appendix

Message of the Committee of Ministers to committees involved in intergovernmental co-operation at the Council of Europe

(Adopted by the Committee of Ministers on 27 September 2006
at the 974th meeting of the Ministers' Deputies)

On 28 September 2005 the Committee of Ministers adopted a message addressed to all committees involved in intergovernmental co-operation, in which it:

- stressed that the implementation of the decisions taken at the Third Summit of Heads of State and Government, as reflected in the Warsaw Declaration and the accompanying Action Plan, constituted the top political priority for the Committee of Ministers (and the Council of Europe as a whole) in the months and years to come;

- asked all the committees concerned to bear their due share of responsibility for implementing the Action Plan according to their respective fields of competence, adapting their own priorities to those of the Action Plan as from 2006 in the light of budgetary constraints, and informing the Committee of Ministers – via its competent rapporteur groups – of the measures taken and the actions carried out in this regard;

- noted the commitment of the Secretary General to give priority to, and maintain the focus of the entire Secretariat’s activity on, the implementation of the Action Plan;

- expressed its confidence in the co-operation and commitment of its institutional partners within the Council of Europe, in particular the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, when it came to rising to the joint challenge of implementing the decisions of the Third Summit quickly and effectively.

Since September 2005, the Committee of Ministers has placed emphasis on a number of priority issues where the political interests at stake were of particular importance and the expectations as to results was greatest. These are consolidation of the Council of Europe’s system of human rights safeguards, relations between the Council of Europe and the European Union, enhancement of Council of Europe action to further democracy and good governance, fostering intercultural dialogue, and giving fresh impetus to the process of internal reforms aimed at more efficient and transparent functioning of the Organisation. All this has not made it lose sight of the importance of moving ahead with the accomplishment of the Summit decisions as a whole, and in particular its core objective of preserving and promoting human rights, democracy and the rule of law.

Accordingly, the Committee of Ministers has decided to prepare, for the 117th Ministerial Session in May 2007, a comprehensive report on the implementation of the Summit decisions. It therefore invites the steering committees and the committees of experts involved in intergovernmental co-operation to contribute, with the Secretariat’s assistance, to the preparation of this report, intensifying their activities in pursuance of the Action Plan and supplying the appropriate information on what has been, is being and will be done to help achieve this fundamental objective. In this respect it expects steering committees and expert committees to conduct a critical evaluation of the work carried out in recent years, both in terms of its relevance (i.e. to the Organisation's fundamental values) and its value-added (both intrinsically and in relation to the work of other international organisations or other committees of the Council of Europe).
Contributions should reach the Committee of Ministers during the 1st quarter of 2007, in good time (according to the timetable of its rapporteurs and/or working groups) to be considered by the competent subsidiary groups of the Committee of Ministers with a view to forwarding the contributions to the Follow-up Committee on the Third Summit, responsible for preparing the report to the 117th Ministerial Session.

The “road map” for following up the Action Plan of the Third Summit, as updated in the light of the developments which have occurred since September 2005, is appended (see document CM-SUIVI3(2006)15).

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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