Communication on the activities of the Committee of Ministers  
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Statutory Report 2012

10. Legal questions
General
Replies to Recommendations
Conventions and Treaties
European Commission for Democracy through Law (Venice Commission)
European Charter for Regional or Minority Languages
Group of States against Corruption (GRECO)
Crime
Domestic violence
Data Protection
Terrorism

 

General
 

At their 1156th meeting (28 November 2012) (CM/Del/Dec(2012)1156/10.2), the Deputies took note of the Resolution on responses of justice to urban violence and decided to transmit it to the CDPC, the CDCJ, the CDDH, the T-CY, the CDMSI and the CEPEJ, for them to bear it in mind in their future work.

The Deputies took in particular note that the Ministers of Justice agreed to share best practices and use the lessons learned to consider adopting or strengthening justice systems appropriate for juveniles in particular for tackling the growing problem of urban violence, developing restorative justice measures adapted to the needs of juveniles and using them, where appropriate, in criminal procedure and developing specialised training programmes appropriate for professionals, such as judges, prosecutors, police officers, social workers, mediators, probation and prison staff. The Deputies instructed the relevant Council of Europe bodies to promote consultations with juveniles and their families in the future Council of Europe work related to prevention and education.

They instructed the CDPC to examine:
- the experiences of member States with regard to preventing the involvement of juveniles in urban violence as perpetrators and/or victims and recommend, as necessary, suitable measures, in particular related to prevention and the criminal justice systems;
- the existing laws and practices in Europe concerning the sanctioning and treatment of juveniles involved in acts of urban violence as well as practices regarding the involvement of families, to draw up best practices in this regard and recommend, as necessary, suitable measures, in particular related to the criminal justice systems;
- the existing laws and practices in Europe regarding restorative justice and recommend, as necessary, specific restorative justice measures aimed at dealing with the phenomenon of urban violence and adapted to the needs of juveniles at all stages of the criminal justice procedure.

They also instructed the CDPC to examine, in co-operation with other relevant steering committees, ways to promote dialogue and co-operation between law enforcement authorities, telecommunication providers and Internet service providers in order to facilitate prevention of urban violence, as well as gathering of evidence and ensuring accountability of instigators of violence, while guaranteeing full compliance with the European Convention on Human Rights.

Finally, the Deputies took note of the Secretary General’s report (CM(2012)145).

At their 1156th meeting (28 November 2012) (CM/Del/Dec(2012)1156/10.1), the Deputies took note of the abridged report of the 44th meeting of the CAHDI (CM(2012)137).

At their 1155th meeting (21 November 2012) (CM/Del/Dec(2012)1155/10.1), the Deputies took note of the information provided in document TC-ENF(2012)4 and invited their Thematic Co‑ordinator on Children to examine the feasibility of the creation of an ad hoc committee under the authority of the Committee of Ministers, drawing on the expertise of the Network of National Focal Points on Children’s Rights, to make proposals for the next Council of Europe Strategy for the Rights of the Child and make any suggestions in the context of the preparation of the next bi-annual Programme of Activities and Budget. 

The Deputies also invited the Secretariat to continue to redefine and reinforce the Network of National Focal Points on Children’s Rights and to prepare a progress review report of the Strategy for the Rights of the Child (2012-2015) in the first quarter of 2013.  They welcomed the invitation by the Croatian authorities to hold a High-level Mid-Term Review Conference of the Strategy in March 2014 in Croatia.

At their 1145th meeting (13 June 2012) (CM/Del/Dec(2012)1145/10.1), the Deputies took note of the abridged report of the 43rd meeting of the CAHDI (CM(2012)70).

At their 1143rd meeting (16 May 2012) (CM/Del/Dec(2012)1143/10.1), the Deputies agreed to invite Ms Pascale Vanneaux, Honorary Consul of the Republic of Guinea, and Dr Sidiki Diakite, national focal point for the Medicrime Convention, to participate in the GR-J meeting on 7 June 2012, in order to take part in an exchange of views.

At their 1134th meeting (15-16 February 2012) (CM/Del/Dec(2012)1134/1.1), the Deputies adopted the Council of Europe Strategy for the Rights of the Child (2012-2015) (CM(2011)171 final), and took note of the non-exhaustive list of activities contained in the Action Plan for the implementation of the Strategy (CM(2011)171 final).

The Deputies invited their Thematic Co-ordinator on Children (TC-ENF) to follow closely the implementation of the Strategy and instructed the Secretariat to provide it, by the end of May 2012, with alternative options for the setting-up of the Children’s Rights Commission referred to in the Strategy, also taking into consideration the role of the national focal points. They invited the Secretary General to provide a mid-term report to the Ministers’ Deputies on its implementation by 31 January 2014.

At their 1131st meeting (18 January 2012) (CM/Del/Dec(2012)1131/10.8), the Deputies took note of the abridged report of the 41st meeting of the Steering Committee on Bioethics (CDBI) (CM(2011)172).

At their 1131st meeting (18 January 2012) (CM/Del/Dec(2012)1131/10.3), the Deputies took note of the abridged report of the 42nd meeting of the Committee of Legal Advisers on Public International Law (CAHDI) (CM(2011)167).

 

Consultative Council of European Judges (CCJE)

At their 1131st meeting (18 January 2012) (CM/Del/Dec(2012)1131/10.5), the Deputies took note of Opinion No. 14 (2011) of the Consultative Council of European Judges (CCJE) on “Justice and information technologies” (CM(2011)173 add1) which would be forwarded to the relevant bodies in the member States and to the relevant bodies of the Council of Europe in order that they may take account of it in their work.  They also took note of the situation report on the judiciary and judges in the different member States (CM(2011)173 add2).  At the same meeting, the Deputies took note of Opinion No. 6 (2011) of the Consultative Council of European Prosecutors (CCPE) on “The relationship between prosecutors and the prison administration” (CM(2011)174 add) which would be forwarded to the relevant bodies in the member States and to the relevant bodies of the Council of Europe in order that they may take account of it in their work.

Finally, the Deputies took note of the abridged reports of the 12th plenary meeting of the CCJE and of the 6th plenary meeting of the CCPE (CM(2011)173, CM(2011)173 corr and CM(2011)174).

 

Consultative Council of European Prosecutors (CCPE)

At their 1131st meeting (18 January 2012) (CM/Del/Dec(2012)1131/10.5), the Deputies took note of Opinion No. 14 (2011) of the Consultative Council of European Judges (CCJE) on “Justice and information technologies” (CM(2011)173 add1) which would be forwarded to the relevant bodies in the member States and to the relevant bodies of the Council of Europe in order that they may take account of it in their work.  They also took note of the situation report on the judiciary and judges in the different member States (CM(2011)173 add2).  At the same meeting, the Deputies took note of Opinion No. 6 (2011) of the Consultative Council of European Prosecutors (CCPE) on “The relationship between prosecutors and the prison administration” (CM(2011)174 add) which would be forwarded to the relevant bodies in the member States and to the relevant bodies of the Council of Europe in order that they may take account of it in their work.

Finally, the Deputies took note of the abridged reports of the 12th plenary meeting of the CCJE and of the 6th plenary meeting of the CCPE (CM(2011)173, CM(2011)173 corr and CM(2011)174).

 


European Commission for the Efficiency of Justice (CEPEJ)

At their 1152nd meeting (10 October 2012) (CM/Del/Dec(2012)1152/10.1), the Deputies took note of the 2011 activity report of the CEPEJ (CM(2012)133 add1).  They also took note of the report on “European judicial systems – Edition 2012: efficiency and quality of justice” (CM(2012)133 add2 and CM(2012)133 add2corr) and agreed to ensure a wide dissemination of the abovementioned report among the relevant national institutions and organisations.  The Deputies took note of the abridged report of the 19th meeting of the CEPEJ (CM(2012)133).

At their 1141st meeting (2 May 2012) (CM/Del/Dec(2012)1141/10.1), the Deputies agreed, in accordance with Article 6 of Resolution Res(2002)12 establishing the CEPEJ, to the request by Israel for observer status with the CEPEJ.

At their 1140th meeting (11 and 12 April 2012) (CM/Del/Dec(2012)1140/10.2), the Deputies agreed to resume consideration of this item at their 1141st meeting (2 May 2012), on the basis of an information document on the participation of non-member States in Council of Europe bodies, including the CEPEJ.

At their 1139th meeting (4 April 2012) (CM/Del/Dec(2012)1139/10.1ab), the Deputies took note of the 2012-2013 activity programme of the CEPEJ (CM(2012)22 add) and also of the abridged report of the 18th meeting of the CEPEJ (CM(2012)22).

 

European Committee on Legal Co-operation (CDCJ)
 

At their 1156th meeting (28 November 2012) (CM/Del/Dec(2012)1156/10.5), the Deputies took note of the reply of the CDCJ to the ad hoc terms of reference relating to the draft recommendation on the rights and legal status of children and parental responsibilities (CM(2012)118, Appendix III) and decided that consideration of this item could be resumed when it is felt that a consensual solution can be obtained.

At their 1151st meeting (18-19 September 2012) (CM/Del/Dec(2012)1151/10.1ab), the Deputies adopted Recommendation CM/Rec(2012)11 of the Committee of Ministers to member States on the role of public prosecutors outside the criminal justice system and took note of its Explanatory Memorandum (CM(2012)118 addfinal).  The Deputies also took note of the abridged report of the 87th plenary meeting of the CDCJ (CM(2012)118), while noting that the GR-J would resume consideration of Appendix III to the report at its next meeting.

At their 1145th meeting (13 June 2012) (CM/Del/Dec(2012)1145/10.5), the Deputies, having regard to the draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the rights and legal status of children and parental responsibilities and its Explanatory Memorandum, which have been transmitted to it by the CDCJ, adopted Decision No. CM/883/13062012 giving ad hoc terms of reference to the CDCJ.

At their 1132nd meeting (1 February 2012) (CM/Del/Dec(2012)1132/10.1a), the Deputies took note of the abridged report of the 86th plenary meeting of the CDCJ (CM(2011)158).

Replies to Recommendations

Parliamentary Assembly

At their 1149th meeting (12 September 2012) (CM/Del/Dec(2012)1149/10.2), the Deputies adopted the reply to Parliamentary Assembly Recommendation 1988 (2011) on “The underground economy: a threat to democracy, development and the rule of law”.

At their 1145th meeting (13 June 2012), the Deputies adopted replies to Parliamentary Assembly Recommendation 1980 (2011) on “Combating “child abuse images” through committed, transversal and internationally co‑ordinated action” (CM/Del/Dec(2012)1145/10.7) and to Parliamentary Assembly Recommendation 1953 (2011) on “The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes” (CM/Del/Dec(2012)1145/10.8).

At their 1140th meeting (11 and 12 April 2012) (CM/Del/Dec(2012)1140/10.5), the Deputies adopted the reply to Parliamentary Assembly Recommendation 1981 (2011) on “Violent and extreme pornography”.

At their 1131st meeting (18 January 2012) (CM/Del/Dec(2012)1131/10.2), the Deputies adopted the reply to Parliamentary Assembly Recommendation 1960 (2011) on “The need for a global consideration of the human rights implications of biometrics”.

 

Congress of Local and Regional Authorities of the Council of Europe

 

Conventions and Treaties

Information on signatures and ratifications of treaties is available on the Treaty Office's website at http://conventions.coe.int.

The text of all Council of Europe treaties, their explanatory reports, the status of signatures and ratifications, the declarations and reservations made by States, as well as the notifications issued by the Treaty Office since 2005, are available on this website.

At their 1156th meeting (28 November 2012) (CM/Del/Dec(2012)1156/10.4), the Deputies invited the Kingdom of Morocco to accede to:
– the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (ETS No. 120),
– the European Convention on the Exercise of Children's Rights (ETS No. 160),
– the Convention on Contact concerning Children (ETS No. 192),
– the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198), and
– the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201).

The Deputies noted that the Committee of Ministers agreed in principle to granting the request of the Kingdom of Morocco to be invited to accede to the Anti-Doping Convention (ETS No. 135) and to the Convention on Cybercrime (ETS No. 185) and agreed:
a. to instruct the Secretariat to consult the non-member States which are Parties to these two conventions, namely:
- Australia, Belarus, Canada and Tunisia as far as the Anti-Doping Convention is concerned,
- the United States of America and Japan as far the Convention on Cybercrime is concerned, and set 31 January 2013 as the deadline for a reply;
b. if there was no objection from the non-member States which are Parties to the Anti-Doping Convention and the Convention on Cybercrime, that the decision to invite the Kingdom of Morocco to accede to these two conventions would be regarded as adopted on 13 February 2013 (1162nd meeting of the Ministers’ Deputies);
c. to resume consideration of this item if the non-member States which are Parties to the Anti-Doping Convention and the Convention on Cybercrime raise an objection concerning the accession of Kingdom of Morocco to these conventions.

At their 1153rd meeting (24 October 2012) (CM/Del/Dec(2012)1153/10.2), the Deputies invited the Kingdom of Morocco to sign the Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211).

At their 1151st meeting (18-19 September 2012) (CM/Del/Dec(2012)1151/10.3), the Deputies agreed to correct Articles 16 para. 2, 21 para. 3 and 25 para. 2 of the English version and Article 20 para. 3 of the French version of the Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211) and paragraph 149 of the accompanying Explanatory Report (both English and French versions), in accordance with the proposals made in document GR‑J(2012)17.  They instructed the Secretary General to notify a procès-verbal thereupon to the member States, to non‑member States having participated in the elaboration of the Convention or enjoying observer status with the Council of Europe, to the European Union and to any State having been invited to sign the Convention.

At their 1149th meeting (12 September 2012) (CM/Del/Dec(2012)1149/10.7), the Deputies took note of the request of Panama 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.  They instructed the Secretariat to consult the non-member States which are Contracting States to the Convention, i.e. the United States of America and Japan, and set 7 November 2012 as the deadline for a reply.  The Deputies agreed that, if there was no objection from the United States of America and Japan, the decision to invite Panama to accede to the Convention on Cybercrime (ETS No. 185) would be regarded as adopted on 14 November 2012 (1154th meeting of the Ministers’ Deputies).  They agreed to resume consideration of this item if the United States of America or Japan raised an objection concerning the accession of Panama to the Convention.

At their 1147th meeting (4 and 6 July 2012) (CM/Del/Dec(2012)1147/10.1), the Deputies invited the Republic of Guinea to sign the Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211).

European Commission for Democracy through Law (Venice Commission)
 

At their 1149th meeting (12 September 2012) (CM/Del/Dec(2012)1149/10.1b), the Deputies took note of the annual report of activities for 2011 of the European Commission for Democracy through Law (Venice Commission) (CM(2012)112).

 

European Charter for Regional or Minority Languages
 

At their 1156th meeting (28 November 2012) (CM/Del/Dec(2012)1156/10.3a), the Deputies took note of the third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Austria and adopted Recommendation CM/RecChL(2012)7 on the application of the European Charter for Regional or Minority Languages by Austria.  They agreed to forward it to the Austrian authorities.

Also at their 1156th meeting (28 November 2012) (CM/Del/Dec(2012)1156/10.3b), the Deputies took note of the fifth report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Norway and adopted Recommendation CM/RecChL(2012)8 on the application of the European Charter for Regional or Minority Languages by Norway.  They agreed to forward it to the Norwegian authorities.

At their 1153rd meeting (24 October 2012) (CM/Del/Dec(2012)1153/10.1a), the Deputies took note of the fourth report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of the Netherlands (CM(2012)129).  They adopted Recommendation CM/RecChL(2012)5 on the application of the European Charter for Regional or Minority Languages by the Netherlands and agreed to forward it to the Dutch authorities.

Also at their 1153rd meeting (24 October 2012) (CM/Del/Dec(2012)1153/10.1b), the Deputies took note of the third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Spain (CM(2012)111).  They adopted Recommendation CM/RecChL(2012)6 on the application of the European Charter for Regional or Minority Languages by Spain and agreed to forward it to the Spanish authorities.

At their 1149th meeting (12 September 2012) (CM/Del/Dec(2012)1149/10.5), the Deputies took note of the second report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Montenegro (CM(2012)48).  They adopted Recommendation CM/RecChL(2012)4 on the application of the European Charter for Regional or Minority Languages by Montenegro, and agreed to forward it to the Montenegrin authorities.

At their 1149th meeting (12 September 2012) (CM/Del/Dec(2012)1149/10.3), the Deputies declared Mr Ranko Bugarski elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Serbia, for a period of six years starting on 11 October 2012.

At their 1145th meeting (13 June 2012) (CM/Del/Dec(2012)1145/10.6b), the Deputies elected Mr Jarmo Lainio as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Sweden, for a period of six years starting on 14 June 2012.

At their 1145th meeting (13 June 2012) (CM/Del/Dec(2012)1145/10.6a), the Deputies took note of the first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Romania (CM(2012)79).  They adopted Recommendation CM/RecChL(2012)3 on the application of the European Charter for Regional or Minority Languages by Romania and agreed to forward it to the Romanian authorities.

At their 1140th meeting (11 and 12 April 2012) (CM/Del/Dec(2012)1140/10.3b), the Deputies declared Mr Guy BERG elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Luxembourg, for a period of six years starting on 12 April 2012.

Also at their 1140th meeting (11 and 12 April 2012) (CM/Del/Dec(2012)1140/10.3c), the Deputies declared Mrs Maro MICHAELIDES elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Cyprus, for a period of six years starting on 12 April 2012.

At their 1137th meeting (14 March 2012) (CM/Del/Dec(2012)1137/10.1a), the Deputies took note of the third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Cyprus (CM(2012)23). They then adopted Recommendation CM/RecChL(2012)1 on the application of the European Charter for Regional or Minority Languages by Cyprus and agreed to forward it to the Cypriot authorities.

Also at their 1137th meeting (14 March 2012) (CM/Del/Dec(2012)1137/10.1b), the Deputies took note of the fourth report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Finland (CM(2012)24). They then adopted Recommendation CM/RecChL(2012)2 on the application of the European Charter for Regional or Minority Languages by Finland and agreed to forward it to the Finnish authorities.

 

Group of States against Corruption (GRECO)
 

At their 1142nd meeting (9 May 2012) (CM/Del/Dec(2012)1142/10.1b), the Deputies took note of the general activity report for 2011 of the GRECO adopted at its 54th plenary meeting (Strasbourg, 20-23 March 2012) (CM(2012)63).

.

Crime
 

European Committee on Crime Problems (CDPC)

At their 1152nd meeting (10 October 2012) (CM/Del/Dec(2012)1152/10.2), the Deputies adopted Recommendation CM/Rec(2012)12 of the Committee of Ministers to member States concerning foreign prisoners, and took note of its Commentary (CM(2012)108 add).

At their 1151st meeting (18-19 September 2012) (CM/Del/Dec(2012)1151/10.2a), the Deputies took note of the abridged report of the 62nd plenary session of the CDPC (CM(2012)108).

At their 1145th meeting (13 June 2012) (CM/Del/Dec(2012)1145/10.2), the Deputies took note of Parliamentary Assembly Opinion No. 282 (2012) on the draft Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24).  They then adopted the Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24) and took note of its Explanatory Report (CM(2012)68 addprov).  The Deputies decided to open the Fourth Additional Protocol to the European Convention on Extradition for signature on 20 September 2012 on the occasion of the 31st Council of Europe Conference of Ministers of Justice which will take place in Vienna (Austria) on 19 to 21 September 2012.

At their 1140th meeting (11 and 12 April 2012) (CM/Del/Dec(2012)1140/10.4), the Deputies adopted Recommendation CM/Rec(2012)5 of the Committee of Ministers to member States on the European Code of Ethics for Prison Staff.

At their 1137th meeting (14 March 2012) (CM/Del/Dec(2012)1137/10.2a), the Deputies took note of the abridged report of the 61st plenary session of the CDPC (CM(2012)7).

At their 1135th meeting (22 and 23 February 2012) (CM/Del/Dec(2012)1135/10.1), the Deputies approved the terms of reference of the Committee of Experts on Trafficking in Human Organs, Tissues and Cells (PC-TO).

 

Domestic violence
 

 

Data Protection
 

 

Terrorism

At their 1152nd meeting (10 October 2012) (CM/Del/Dec(2012)1152/10.3), the Deputies adopted Resolution CM/Res(2012)6 on the participation of the Crown Dependencies of Guernsey, Jersey and the Isle of Man in the mutual evaluation processes and procedures of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL).

At their 1139th meeting (4 April 2012) (CM/Del/Dec(2012)1139/10.2b), the Deputies took note of the annual report for 2011 of the Chair and Executive Secretary of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) (CM(2012)21 and CM(2012)21 corr).

 

Committee of Experts on Terrorism (CODEXTER)
 

At their 1145th meeting (13 June 2012) (CM/Del/Dec(2012)1145/10.4), the Deputies took note of the abridged report of the 22nd meeting of the CODEXTER (CM(2012)77).

At their 1131st meeting (18 January 2012) (CM/Del/Dec(2012)1131/10.7), the Deputies took note of the abridged report of the 21st meeting of CODEXTER (CM(2011)170).

 



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