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

GR-J(2009)7 revised 5 June 20091
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Annotated agenda
Meeting of 9 June 2009

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18/09 Fight against terrorism

a. Exchange of views with the Council of Europe Anti-terrorism Co-ordinator

1. The Group is invited to take part in an exchange of views with the Council of Europe Anti-terrorism Co-ordinator on the action taken by the Council of Europe between June 2008 and June 2009 in the fight against terrorism.

b. Committee of experts on terrorism (CODEXTER): Abridged report of the 16th meeting (San Lorenzo de El Escorial, Spain, 15-16 April 2009)

    CM(2009)87

2. The Group is invited to examine the abridged report of the 16th meeting of the Committee of experts on terrorism (CODEXTER), as set out in document CM(2009)87, with a view to forwarding it to the Deputies for adoption of the relevant decision at their 1062nd meeting (1 July 2009), without further debate (item placed in the box).

This is the proposed decision:

      “The Deputies took note of the abridged report of the 16th meeting of CODEXTER, as set out in document CM(2009)87, as a whole.”

c. First Consultation of the Parties to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) (Madrid, 12 May 2009) - Abridged report

    CM(2009)88

3. The Group is invited to examine the abridged report of the first Consultation of the Parties to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196), which took place in Madrid on 12 May 2009.

4. If there is agreement in the Group, the Deputies will be invited to adopt the following draft decisions at their 1062nd meeting (1 July 2009), without further debate (item placed in the box).

These are the proposed decisions:

    "The Deputies

    1. took note of the abridged report of the first Consultation of the Parties to the Council of Europe Convention on the Prevention of Terrorism, which took place in Madrid on 12 May 2009, including the Declaration adopted by the Conference, as set out in document CM(2009)88;

    2. instructed the Committee of experts on terrorism (CODEXTER) regularly to monitor the effective use and implementation of the Convention on the Prevention of Terrorism (CETS No. 196) between Consultations of the Parties to the Council of Europe Convention on the Prevention of Terrorism.”

d. CoE-OAS/CICTE Conference on Terrorism and Cyber Security (San Lorenzo de El Escorial, Spain, 16-17 April 2009) – Conclusions
CM(2009)89

5. The Group is invited to examine the Conclusions of the CoE-OAS/CICTE Conference on Terrorism and Cyber Security held in San Lorenzo de El Escorial (Spain) on 16 and 17 April 2009.

6. If there is agreement in the Group, the Deputies will be invited to adopt the following draft decision at their 1062nd meeting (1 July 2009), without further debate (item placed in the box).

This is the proposed decision:

    "The Deputies took note of the Conclusions of the CoE-OAS/CICTE Conference on Terrorism and Cyber Security (San Lorenzo de El Escorial, Spain) 16-17 April 2009, as set out in document CM(2009)89.”

13/09 European Charter for Regional or Minority Languages - First report of the Committee of Experts in respect of Ukraine
CM(2009)43, DD(2009)208, DD(2009)211, [DD(2009) (to be issued)]

7. At its previous meeting, the Group failed to agree on the text of a draft recommendation to be forwarded to the Deputies. A new draft text is being prepared in consultation with the delegations concerned. Subject to its completion before the meeting, the text will be distributed to all delegations and the Group will be invited to continue its examination of the first report in respect of Ukraine, as set out in document CM(2009)43, with a view to forwarding it to the Deputies for adoption of the relevant decisions at their 1061st meeting (17 June 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 Ukraine, as set out in document CM(2009)43;

    2. adopted Recommendation CM/RecChL(2009).. on the application of the European Charter for Regional or Minority Languages by Ukraine, as set out in Appendix to this volume of Decisions <see appendix to CM/Notes/1061/10.2 > and agreed to forward it to the Ukrainian authorities."

12/09 Consultative Council of European Prosecutors (CCPE) - Opinion No. 3 on "The role of the public prosecution services outside the criminal field"
CM(2009)24, GR-J(2009)CB3, DD(2009)209rev, DD(2009) (to be issued)

8. At its meeting on 21 April 2009, the Group agreed provisionally to transmit Opinion No. 3, and the CDPC's comments on it, to the Deputies for adoption of the relevant decisions. As one delegation suggested an amendment to the draft decisions within the deadline that had been set, the Group is invited to resume consideration of the matter.

9. New draft decisions will be proposed to the Group at the instigation of its Chair (see DD, to be issued).

10. If there is agreement, Opinion No. 3 of the Consultative Council of European Prosecutors (CCPE) on "The role of the public prosecution services outside the criminal field" and the comments of the European Committee on Crime Problems (CDPC) on the Opinion will be forwarded to the Deputies for adoption of the relevant decisions at their 1061st meeting (17 June 2009), without further debate (item placed in the box).

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, CONF/PLE(2009)REC1*, OING Conf/Exp (2009)1*, GR-J(2009)CB2, CDCJ-BU(2009)5

11. At their 118th Session, the Ministers instructed their Deputies 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 follow-up to the Session, the Deputies (1027th meeting) invited the 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).

12. At its meeting on 17 February 2009, the Group attended a presentation of the Recommendation of the Conference of INGOs on the Expert Council’s first report on NGO law. The Group agreed on that occasion to resume consideration of the matter in the light of comments to be submitted by the European Committee on Legal Co-operation (CDCJ).

13. The Bureau of the CDCJ replied on 16 March 2009 (document CDCJ-Bu(2009)5), informing the GR-J of its intention of carrying out an evaluation of the implementation of Recommendation (2007)14 on the basis of national delegations' replies to a questionnaire that would be sent to them before the end of the year. A compilation and analysis of the replies is expected to be available in 2010.

14. The Group is invited to take note of the procedure proposed by the Bureau of the CDCJ with a view to resume consideration of this matter in 2010, in the light of the ongoing work of the CDCJ. If there is agreement in the Group, the Deputies will be invited to adopt the following draft decision at their 1061st meeting (17 June 2009), without further debate (item placed in the box).

This is the proposed decision:

    “The Deputies took note of the intention of the European Committee on Legal Co-operation (CDCJ) to send a questionnaire to national delegations regarding the implementation of Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations in Europe and invited the CDCJ to transmit to its Rapporteur group on legal cooperation its findings and an analysis of the replies to this questionnaire before 30 June 2010.”

16/09 Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO) - Interim report
GR-J(2009)5, CM(2009)84 Interim report (to be issued after 27 May 2009)

15. The terms of reference of the CAHVIO adopted by the Deputies at their 1044th meeting (10 December 2008 – CM/Del/Dec(2008)1044/4.43) state: "The Committee shall present, by 30 June 2009, an interim report on its position on the subjects and contents of the proposed instrument(s), its working methods and the time table for its work, in order to allow the Committee of Ministers to take a decision, where necessary, on these matters."

16. The Group is invited to examine the interim report (CM(2009)84), as discussed and adopted by the CAHVIO at its two meetings (6-8 April and 25-27 May 2009). If there is agreement in the Group, the CAHVIO's interim report will be forwarded to the Deputies for examination and adoption of the following draft decisions at their 1062nd meeting (1 July 2009).

These are the proposed decisions:

    "The Deputies

    1. took note of the interim report of the ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO), as set out in document CM(2009)84;

    2. invited the CAHVIO to continue its work in accordance with the work programme and timetable set out in the interim report and, in particular, to prepare the instruments proposed in the report.”

17. Furthermore, the 29th Council of Europe Conference of Ministers of Justice, to be held in Tromsø (Norway) on 18 and 19 June 2009, will take place under the theme “Breaking the silence – united against domestic violence”. The Group is invited to examine the possibility of putting the interim report of the CAHVIO at the disposal of the participants at the Conference for information. If there is agreement in the Group, the Deputies will be invited to adopt the following draft decision at their 1060th meeting (10 June 2009), without further debate (item placed in the box).

These are the proposed decisions:

“The Deputies

1. agreed to put the interim report of the ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO) as it appears in document CM(2009)84 at the disposal of participants at the 29th Council of Europe Conference of Ministers of Justice, to be held in Tromso on 18 and 19 June 2009, for information;

2. took note of the fact that the Chairmanship of the CAHVIO will be invited to participate in the said Conference.”

17/09 Conference on the protection of children in European justice systems organised by the Council of Europe in co-operation with the Ministry of Justice of the Kingdom of Spain (Toledo, 12-13 March 2009)
CM(2009)83

18. The Group is invited to examine the Conclusions of the Conference on the protection of children in European justice systems held in Toledo, Spain, on 12 and 13 March 2009.

19. If there is agreement in the Group, the Deputies will be invited to adopt the following decisions at their 1061st meeting (17 June 2009), without further debate (item placed in the box).

These are the proposed decisions:

    "The Deputies

    1. took note of the Conclusions of the Conference on the protection of children in European justice systems organised by the Council of Europe in co-operation with the Ministry of Justice of the Kingdom of Spain (Toledo, 12-13 March 2009), as set out in document CM(2009)83;

      2. decided to forward the Conclusions of the Conference to the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC), the European Committee on Migration (CDMG), the Consultative Council of European Judges (CCJE), the European Commission for the Efficiency of Justice (CEPEJ), the Consultative Council of European Prosecutors (CCPE), the Cybercrime Convention Committee (T-CY), the Group of Experts on Action against Trafficking in Human Beings (GRETA) and the Council of Europe Platform on Children's Rights;

    3. asked each of these committees, in accordance with its specific remit, to consider the most appropriate and effective way of following up the Toledo Conclusions, particularly in the light of the action already taken by the Council of Europe in the fields dealt with in the Conclusions.”

Other business

Date of the next meeting

20. Tuesday 8 September at 3 pm.

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.

* These document are available at the following addresses: http://www.coe.int/t/e/ngo/public/CONF_PLE_2009_REC1_expert_council_en.asp#TopOfPage
http://www.coe.int/t/e/ngo/public/Expert_Council_NGO_Law_report_2008.pdf

3 See also CM/Del/Dec(2009)1057/10.1 - Revised terms of reference


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