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

GR-J(2009)3 6 February 20091
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Annotated agenda
Meeting of 17 February 2009

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03/09 Evaluation of the implementation of Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations in Europe
GR-J(2008)10, Conference of INGO: Expert Council on NGO Law - First annual report CONF/PLE(2009)REC1*, OING Conf/Exp (2009)1*

1. 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).

2. On 28 January 2009, the Conference of INGOs of the Council of Europe adopted a recommendation on the first report of the Expert Council on NGO Law. The Expert Council was set up by the NGOs working under the auspices of the Conference of INGOs. The Expert Council aims to help to create an environment conducive to NGOs throughout Europe by examining national NGO law and its implementation and promoting its compatibility with Council of Europe standards and European good practice. One of its main aims is to deal specifically with the issues referred to in Recommendation CM/Rec(2007)14. It has adopted a theme-based approach and for its first report in 2008 it chose the theme “Conditions of establishment of non-governmental organisations”.

3. In accordance with the conclusions of the GR-J meeting of 23 September 2008, the Group is invited to attend the presentation of the Expert Council’s first report by a representative of the Conference of INGOs. The Group is also invited to decide on the next steps to be taken in the process of preparing an initial review of the implementation of Recommendation CM/Rec(2007)14.

04/09 European Committee on Legal Co-operation (CDCJ)

a. Draft terms of reference for a Group of Specialists on child-friendly justice (CJ-S-CH)
CM(2009)17

4. The Group is invited to examine the draft terms of reference for a Group of Specialists on child-friendly justice (CJ-S-CH), as they appear in document CM(2009)17, with a view to transmitting them to the Deputies for adoption of the relevant decision at their 1049th meeting (18 February 2009).

This is the proposed decision:

    “The Deputies approved the draft terms of reference for a Group of Specialists on child-friendly justice (CJ-S-CH), as they appear in Appendix … … to the present volume of Decisions; < see Appendix to document CM(2009)17>”.

b. Instructions to the CDCJ on a new Committee of Ministers’ recommendation on profiling

5. During its 83rd meeting on 9-10 December 2008, the Bureau of the CDCJ invited the Chair of the Consultative Committee of the Convention for the Protection of Individuals with regards to Automatic Processing of Personal Data (T-PD), Mr João Pedro Cabral, for an exchange of views concerning the possible standard-setting developments in the area of personal data protection.

6. On this occasion, the Bureau of the CDCJ acknowledged the need for a new Committee of Ministers’ recommendation to be addressed to all member states on the protection of personal data with regard to the process of profiling and expressed its readiness to receive from the T-PD a draft text for preliminary consultation with CDCJ delegations. The word “profiling” is used to describe an automatic data processing method based on data mining from data warehouses, whose aim is to place individuals in particular predetermined categories, drawing for example on Internet searches, records of consumer habits and activity and processing of geolocation data on mobile phone users. The purpose of the new recommendation would be to protect individuals against the risk of discrimination based on profiles established in this way. It would help member states, the vast majority of which have not yet legislated on profiling, to fill this gap.

7. More detailed information on profiling is available in a report on profiling prepared by experts working for the T-PD, which can be consulted at the following Internet address: http://www.coe.int/t/e/legal_affairs/legal_co-operation/data_protection/documents/reports%20and%20studies%20by%20experts/1CRID_Profiling_2008_en.pdf

8. This new recommendation follows up on the Action Plan of the Third Summit of the Heads of State and Government of the Council of Europe, in particular items 2 and 3 of Chapter I on ‘Promoting common fundamental values: human rights, rule of law and democracy” and item 5 of Chapter II on “Strengthening the security of European citizens. It would also contribute to core values of the Council of Europe, namely to human rights, in particular the right to privacy in public policy, and to the rule of law by dealing legal reforms in the field of public and private law.

9. The T-PD is a conventional committee operating under the mandate given to it by Chapter 5 of the Convention for the Protection of Individuals with regards to Automatic Processing of Personal Data (ETS No. 108). It is empowered to address recommendations on the application of the Convention to the Parties of the Convention, but not to the other member states.

10. According to its Terms of Reference, the CDCJ possesses a general competence to define the policy of legal intergovernmental co-operation and to fix priorities in the fields of public and private law, as well as to promote law reform and co-operation in data protection. Going beyond the convention-related functions of the T-PD, this competence allows the CDCJ to address the need for possible new data protection standards (e.g. recommendations to be addressed to all member states, and not only to the Parties to the Convention).

11. Thus, the CDCJ proposes to prepare a draft recommendation on profiling, in close co-operation with the T-PD. This text will be finalised by the T-PD and approved by the CDCJ before submission to the Committee of Ministers for adoption. The CDCJ intends to carry out this work during its ordinary meetings; no new committee will be set up and no additional expenditure will be required.

12. The Group is invited to examine the following draft decision with a view to transmitting it to the Deputies for adoption at their 1050th meeting (11 March 2009).

This is the proposed decision:

    “The Deputies instructed the European Committee on Legal Co-operation (CDCJ), in close co-operation with the Consultative Committee of the Convention for the Protection of Individuals with regards to Automatic Processing of Personal Data (T-PD), to prepare a draft recommendation on profiling.”

05/09 Consultative Council of European Judges (CCJE)

a. Hearing of the Chair of the CCJE

13. The Group is invited to hold an exchange of views with the President of the Consultative Council of European Judges (CCJE), Mrs Julia Laffranque (Estonia).

b. Abridged report of the 9th plenary meeting (Strasbourg, 12 – 14 November 2008)
CM(2009)13
c. Opinion no. 11 (2008) of the Consultative Council of European Judges (CCJE) to the attention of the Committee of Ministers of the Council of Europe on the quality of judicial decisions
CM(2009)13 addendum

14. The Group is also invited to examine the abridged report of the 9th meeting of the Consultative Council of European Judges (CCJE) contained in document CM(2009)13 and to take note of Opinion no. 11 (2008) of the Consultative Council of European Judges (CCJE) to the attention of the Committee of Ministers of the Council of Europe on the quality of judicial decisions (CM(2009)13 addendum), with a view to transmitting these texts to the Deputies for adoption of the relevant decisions at their 1050th meeting (11 March 2009). 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 Opinion no.11 (2008) of the Consultative Council of European Judges (CCJE) on the quality of judicial decisions, as it appears in document CM(2009)13 addendum;

    2. agreed to forward the Opinion to the competent authorities in the member states with a view, where appropriate, to having them translated into the corresponding languages;

    3. agreed to forward the Opinion to the European Commission for Democracy through Law (Venice Commission), the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC), the European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Prosecutors (CCPE), so that these bodies can take it into account within the framework of their work;

    4. in the light of decisions 1-3 above, took note of the abridged report of the 9th meeting of the CCJE, as it appears in document CM(2009)13, as a whole.”

06/09 European Charter for Regional or Minority Languages -

a. Election of a member of the Committee of Experts in respect of Armenia
CM(2009)18

15. The Group is invited to examine candidatures presented by Armenia (document CM(2009)18) on the basis of document GR-J(2004)2rev, in which it has laid down its criteria for examining candidatures to the Committee of Experts of the European Charter for Regional or Minority Languages.

16. The election of a member of the Committee of Experts in respect of Armenia will take place during the 1050th meeting of the Ministers’ Deputies (11 March 2009).

b. First report of the Committee of Experts in respect of Serbia
CM(2009)16

17. The Group is invited to examine the first report in respect of Serbia, as it appears in document CM(2009)16, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1050th meeting (11 March 2009). 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 first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Serbia, as it appears in document CM(2009)16;

    2. adopted Recommendation CM/RecChL(2009)… on the application of the European Charter for Regional or Minority Languages by Serbia, as it appears at Appendix … to the present volume of Decisions and agreed to forward it to the Serbian authorities. < see Appendix .. to CM/Notes/1050/10.2b >.”

c. Second report of the Committee of Experts in respect of Austria
CM(2009)19

18. The Group is invited to examine the second report in respect of Austria, as it appears in document CM(2009)19, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1050th meeting (11 March 2009). 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 second report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Austria, as it appears in document CM(2009)19;

    2. adopted Recommendation CM/RecChL(2009)… on the application of the European Charter for Regional or Minority Languages by Austria, as it appears at Appendix … to the present volume of Decisions and agreed to forward it to the Austrian authorities. < see Appendix .. to CM/Notes/1050/10.2c >.”

07/09 Steering Committee on Bioethics (CDBI) - Abridged report of the 35th meeting (Strasbourg, 2-5 December 2008)
CM(2009)20

19. The Group is invited to examine the abridged report of the 35th meeting of the Steering Committee on Bioethics (CDBI), as it appears in document CM(2009)20, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1050th meeting (11 March 2009). If there is agreement in the Group, the Deputies will be invited to adopt the decision without further debate (item placed in the box).

This is the proposed decision:

    “The Deputies took note of the abridged report of the 35th meeting of the Steering Committee on Bioethics (CDBI), as it appears in document CM(2009)20.”

08/09 European Commission for the Efficiency of Justice (CEPEJ)
a. 12th plenary meeting (Strasbourg, 10 – 11 December 2008)
CM(2009)21
b. 2009 Activity Programme
CM(2009)21 addendum 1
c. CEPEJ guidelines on judicial statistics (GOJUST)
CM(2009)21 addendum 2
d. SATURN guidelines for judicial time management
CM(2009)21 addendum 3

20. The Group is invited to examine the abridged report of the 12th plenary meeting of the European Commission for the efficiency of justice (CEPEJ) as well as various other texts submitted by the Commission (see documents CM(2009)21 and Addenda), with a view to transmitting these texts to the Deputies for adoption of the relevant decisions at their 1050th meeting (11 March 2009). 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 2009 Programme of activities of the European Commission for the efficiency of justice (CEPEJ), as it appears in document CM(2009)21 addendum 1;

      2. took note of the Guidelines on judicial statistics (GOJUST), as they appear in document CM(2009)21 addendum 2;

      3. took note of the SATURN guidelines for judicial time management, as they appear in document CM(2009)21 addendum 3;

      4. in the light of decisions 1-3, took note of the abridged report of the 12th plenary meeting of the CEPEJ, as it appears in document CM(2009)21, as a whole.”

09/09 Council of Europe Convention on Access to Official Documents: opening for signature
CM/Del/Dec(2008)1042bis/1.2d and CM/Del/Dec(2008)1042bis/1.2d/appendix2

21. At their 1042bis meeting on 27 November 2008, the Deputies adopted the Council of Europe Convention on Access to Official Documents, took note of its explanatory report and agreed to resume discussion of the opening of the Convention for signature at one of their future meetings.

22. The Group is invited to discuss the date of the opening for signature of the Council of Europe Convention on Access to Official Documents with a view to transmitting the draft decision below to the Deputies for adoption at their 1050th meeting (11 March 2009). If there is agreement in the Group, the Deputies will be invited to adopt the decision without further debate (item placed in the box).

This is the proposed decision:

      “The Deputies decided to open the Council of Europe Convention on Access to Official Documents for signature on … on the occasion of …”

Any other business

Date of the next meeting

7 April 2009.

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.
Note * These document are available at the following addresses: http://www.coe.int/t/e/ngo/public/Draft_Recommendation_expert_council_en.asp#TopOfPage

http://www.coe.int/t/e/ngo/public/Expert_Council_NGO_Law_report_2008.pdf


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