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

GR-J(2008)10 17 September 20081
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Draft annotated agenda
Meeting of 23 September 2008

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26/08 Examination of how full use can be made of the Council of Europe’s potential in enhancing the rule of law
CM(2008)47 final, CM/Del/Dec(2008)1027/1.5, DD(2008)393, GR-J(2008)CB5, GR-J(2008)11

1. It is recalled that at their 118th Ministerial Session, the Ministers reaffirmed the importance of the rule of law for consolidating democracy and the respect for human rights, and asked their Deputies to examine how full use can be made of the Council of Europe’s potential in enhancing the rule of law and good governance and report back on the occasion of the handover of the chairmanship of the Committee of Ministers from Sweden to Spain in November 2008 (see document CM(2008)47 final). At their 1027th meeting on 21 May 2008, the Deputies invited their Rapporteur Group on Legal Co-operation (GR-J) to examine this question. The Group held its first discussion on this issue at its July meeting. On that occasion, the Chair noted that there was very broad support for the Swedish delegation’s initiative and that delegations invited the Secretariat to draft, for the next meeting in September, in the light of contributions from member states, a document seeking to:

    - define the key components of the concept of the rule of law;
    - draw up a typology and list of standard-setting and co-operation activities undertaken by the Council of Europe relevant to the rule of law.

2. Delegations are invited to comment on document GR-J(2008)11 which has been elaborated by the Secretariat following the request made by the GR-J, and to discuss the follow-up to be given to it.

28/08 Council of Europe’s Convention on Cybercrime (ETS No. 185) - Request by the Dominican Republic to be invited to accede
GR-J(2008)7rev, DD(2008)366

3. By letter dated 25 March 2008, Mr José Rafael VARGAS, Secretary of State of the Dominican Republic and President of the Dominican Telecommunication Institute (INDOTEL), informed the Secretary General about the wish of the Government of the Dominican Republic to be invited to accede to the Convention on Cybercrime. During the informal consultation of member states, no state indicated its opposition to inviting the Dominican Republic to adhere to the Convention to the Treaty Office. The Group is now invited to examine this request in the light of document GR-J(2008)7rev and to transmit it to the Deputies. If agreement is reached in the Group, the draft decisions can be adopted by the Deputies at their 1037th meeting (8 October 2008), without further debate (item placed in the box).

    These are the proposed decisions:

    The Deputies

    1. took note of the request of the Dominican Republic to be invited to accede to the Convention on Cybercrime (ETS No. 185) and noted that the Committee of Ministers agreed in principle to granting this request;

    2. instructed the Secretariat to consult the non-member state which is a Contracting state to the Convention, i.e. the United States of America, and set 14 November 2008 as the deadline for a reply;

    3. agreed that, if there was no objection from the United States of America, the decision to invite the Dominican Republic to accede to the Convention on Cybercrime (ETS No. 185) would be regarded as adopted on 19 November 2008 (1041st meeting of the Deputies);

    4. agreed to resume consideration of this item if the United States of America raised an objection concerning the accession of the Dominican Republic to the Convention.

34/08 European Commission for the efficiency of justice (CEPEJ)
a. Exchange of views with the President of the CEPEJ
b. Abridged report of the 11th plenary meeting (Strasbourg, 2-3 July 2008)
CM(2008)127, CM(2008)127add3
c. 2007 Activity report
CM(2008)127add1
d. Report on European judicial systems - Edition 2008
CM(2008)127add2

4. The Group is invited to hold an exchange of views with the President of the European Commission for the efficiency of justice (CEPEJ), M. Fausto De Santis (Italy) and to examine the various texts submitted by the Commission (document CM(2008)127 and addenda), following its meeting in July 2008, with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1037th meeting (8 October 2008). If there is agreement within 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 2007 Activity report of the European Commission for the efficiency of justice (CEPEJ), as it appears in document CM(2008)127, addendum 1;

    2. took note of the Report on European judicial systems – Edition 2008, as it appears in document CM(2008)127, addendum 2;

    3 took note of the “Checklist for the quality of justice systems and courts”, as it appears in document CM(2008)127, addendum 3 and decided to transmit it to the Consultative Council of European Judges (CCJE), to the Consultative Council of European Prosecutors (CCPE) and to other relevant Council of Europe committees as well as to the relevant institutions and organisations within the member states so that they can make good use of it;

    4. in the light of decisions 1-3 above, took note of the abridged report of the 11th plenary meeting of the CEPEJ, as it appears in document CM(2008)127 as a whole.

35/08 European Committee on Crime Problems (CDPC)
a. Abridged Report of the 57th Plenary Meeting (Strasbourg, 2–6 June 2008)

      b. Draft Recommendation CM/Rec (2008) … of the Committee of Ministers to member states on the European Rules for Juvenile Offenders subject to Sanctions or Measures
      c. Draft revised ad hoc terms of reference of the Council for Penological Co-operation (PC-CP) relating to probation and aftercare services in the European criminal justice systems
      d. Draft revised terms of reference of the Committee of Experts on the Operation of European Conventions on Co-Operation in Criminal Matters (PC-OC)

e. Draft revised terms of reference of the Council for Penological Co-operation (PC-CP)

      f. Draft revised terms of reference of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL)
      CM(2008)128, CM(2008)128add1, CM(2008)128add2, CM(2008)128add3, CM(2008)128add4, CM(2008)128add5

5. The Group is invited to examine the various texts submitted by the European Committee on Crime Problems (CDPC), following its 57th Plenary Meeting (Strasbourg, 2-6 June 2008) (document CM(2008)128 and addenda), with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1037th meeting (8 October 2008). If there is agreement within the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box) with the exception of the draft terms of reference.

    These are the proposed decisions:

    The Deputies

    1. adopted Recommendation CM/Rec (2008) … of the Committee of Ministers to member states on the European Rules for Juvenile Offenders subject to Sanctions or Measures, as it appears in Appendix … to the present volume of Decisions; < see document CM(2008)128, Appendix 2 >

    2. took note of the Commentary to Recommendation CM/Rec (2008) … of the Committee of Ministers to member states on the European Rules for Juvenile Offenders subject to Sanctions or Measures, as it appears in document CM(2008)128 addendum 1;

    3. approved the revised ad hoc terms of reference of the Council for Penological Co-operation (PC-CP) relating to probation and aftercare services in the European criminal justice systems, as it appears in Appendix … … to the present volume of Decisions; < see document CM(2008)128, Appendix 3 >

    4. approved the revised terms of reference of the Committee of Experts on the Operation of European Conventions on Co-Operation in Criminal Matters (PC-OC), as it appears in Appendix … … to the present volume of Decisions; < see document CM(2008)128, Appendix 4 >

      5. approved the revised terms of reference of the Council for Penological Co-operation (PC-CP), as it appears in Appendix … … to the present volume of Decisions; < see document CM(2008)128, Appendix 5 >

      6. approved the revised terms of reference of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), as it appears in Appendix … … to the present volume of Decisions; < see document CM(2008)128, Appendix 6 >

    7. took note of the feasibility study of the CDPC concerning a convention against domestic violence, as it appears in document CM(2008)128 addendum 2, as well as the document prepared by the Secretariat summarising the results of the discussions on the need to elaborate a Council of Europe convention in this field, as it appears in document CM(2008)128 addendum 3, and agreed to bear them in mind when considering this issue;

    8. in the light of decisions 1 to 7 above, took note of the abridged report of the 57th Plenary Meeting of the European Committee on Crime Problems (CDPC), as it appears in document CM(2008)128 as a whole.

36/08 MONEYVAL - Situation in Azerbaijan with anti-money laundering and countering the financing of terrorism legislation

      GR-J(2008)9

6. The Group is invited to examine document GR-J(2008)9 relating to the situation in Azerbaijan as regards anti-money laundering and countering the financing of terrorism legislation with a view to transmitting the draft decisions contained therein to the Deputies for adoption at their 1037th meeting (8 octobre). If an agreement is reached 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 with concern that Azerbaijan is at Step V in MONEYVAL’s Compliance Enhancing Procedures as there is no comprehensive anti-money laundering and countering the financing of terrorism legislation in place;

    2. took note that MONEYVAL will consider at its forthcoming Plenary meeting (8-12 December 2008), the possibility of issuing a public statement of non-compliance by Azerbaijan with MONEYVAL reference documents under Step VI of its Compliance Enhancing Procedures;

    3. called upon the Azerbaijani authorities to urgently complete the process of adopting satisfactory and comprehensive anti-money laundering and countering the financing of terrorism legislation which meets all MONEYVAL’s concerns and set an agenda for its early and effective implementation.

37/08 European Committee on Legal Co-operation (CDCJ)

      a. Abridged report of the 83rd Plenary meeting (Strasbourg, 4-6 June 2008)
      b. Draft revised terms of reference of CDCJ
      c. Draft terms of reference of the Group of Specialists on the Judiciary (CJ-S-JUD)
      CM(2008)129, CM(2008)129 addendum

7. The Group is invited to examine the various texts submitted by the European Committee on Legal Co-operation (CDCJ), following its 83rd Plenary meeting (Strasbourg, 4-6 June 2008) (document CM(2008)129 and addendum), with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1037th meeting (8 October 2008). If there is agreement within the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box) with the exception of the draft terms of reference.

    These are the proposed decisions:

    The Deputies

    1. approved the revised terms of reference of the European Committee on Legal Co-operation (CDCJ), as they appear in Appendix … to the present volume of Decisions < see document CM(2008)129, Appendix II >

    2. approved the terms of reference for a Group of Specialists on the Judiciary (CJ-S-JUD), as they appear in Appendix … to the present volume of Decisions < see document CM(2008)129, Appendix III >

    3. took note of the final report on non-criminal remedies for crime victims, as it appears in document CM(2008)129 addendum, and decided to bring it to the attention of the governments of the member states;

    4. took note of the CDCJ’s view on the scope of application of a possible convention on domestic violence and agreed to bear it in mind when considering this issue;

    5. took note of the CDCJ Action Plan for 2008-2010, which also shows the manner in which the CDCJ is fulfilling the Action Plan of the Warsaw Summit, as it appears in document CM(2008)129, Appendix IV;

    6. in the light of decisions 1-5 above, took note of the abridged report of the 83rd Plenary meeting of the CDCJ, as it appears in document CM(2008)129 as a whole.

38/08 Steering Committee on Bioethics (CDBI)

      Abridged report of the 34th meeting (4-6 June 2008)
      CM(2008)131

8. The Group is invited to examine the abridged report submitted by the Steering Committee on Bioethics (CDBI) (document CM(2008)131), following its 34th meeting (4-6 June 2008), with a view to transmitting it to the Deputies for adoption of the relevant decision at their 1037th meeting (8 October 2008). If there is agreement within the Group, the Deputies will be invited to adopt the decision without further debate (item placed in the box).

    These are the proposed decisions:

    The Deputies took note of the abridged report on the 34th meeting of the Steering Committee on Bioethics (CDBI), as it appears in document CM(2008)131.

39/08 Evaluation of the implementation of Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations in Europe

9. The Ministers meeting in Strasbourg on the occasion of their 118th Session (7 may 2008) instructed their Deputies inter alia to make a first evaluation of the implementation of the Recommendation on the legal status of non-governmental organisations in Europe adopted on 10 October 2007. In the context of the follow-up to the Session, the Deputies (1027th meeting) invited their Rapporteur Group on Legal Co-operation (GR-J) to make a first evaluation of the implementation of the Recommendation, taking into account the work of the Conference of INGOs of the Council of Europe (CM/Del/Dec(2008)1027/1.5).

10. The GR-J is invited to decide on a procedure to be followed with a view to enable it to prepare a report on the evaluation of the implementation of the Recommendation to be forwarded to the Deputies.

11. It should be recalled that in January 2008, the INGO established the “Expert Council on NGO Law”. This Expert Council has as its main task “to evaluate the conformity of national NGO and other relevant legislation and its application with Council of Europe standards and European practice”. The Expert Council is an NGO initiative that operates under the authority of the Conference of INGOs. It has been created in particular to deal with issues addressed in Recommendation CM/Rec(2007)14.

12. The Expert Council pursues a thematic approach and, for its first exercise in 2008, it chose the theme of “Establishment of NGOs”. The Expert Council will issue its first report to the Conference of INGOs on 1 October 2008 and this report will then be discussed at the January 2009 meeting of the Conference.

13. It is also recalled that Recommendation CM/Rec(2007)14 was adopted less than a year ago – leaving therefore little time for member states to take concrete actions to implement the Recommendation at national level.

14. In the light of these circumstances, the GR-J may wish to come back to this issue after the Conference of INGOs has met in January 2009. The GR-J could also consider inviting a representative of the Conference of INGOs / Expert Council on NGO Law to one of its forthcoming meetings to provide the GR-J with a presentation of the first report of the Expert Council. That approach would also coincide with the Ministers’ request “to take into account the work of the Conference of INGOs of the Council of Europe”. In parallel, the GR-J may wish to invite the CDCJ to provide it with its comments on the implementation of the Recommendation.

Any other business

Date of the next meeting

15. Tuesday, 7 October 2008 at 10 am.

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 out in Resolution Res(2001)6 on access to Council of Europe documents.


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