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Communication on the activities of the Committee of Ministers

Statutory Report 2014


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 1205th meeting (9 July 2014) (CM/Del/Dec(2014)1205/10.1), the Deputies took note of the request by the Kingdom of Tonga to be invited to accede to the Council of Europe 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 of the Council of Europe which are Contracting States to the Convention, i.e. Australia, the Dominican Republic, Japan, Mauritius, Panama and the United States of America, and set 12 September 2014 as the deadline for a reply. The Deputies agreed that, if there was no objection from these six Contracting States, before the expiration of the deadline of 12 September 2014, the decision to invite the Kingdom of Tonga to accede to the Convention on Cybercrime would be regarded as adopted on 17 September 2014 (1207th meeting of the Deputies). They agreed to resume consideration of this item if Australia, the Dominican Republic, Japan, Mauritius, Panama or the United States of America raised an objection concerning the accession of the Kingdom of Tonga to the Convention.

Consultative Council of European Judges (CCJE)

At their 1194th meeting (12-14 March 2014) (CM/Del/Dec(2014)1194/10.1), the Deputies welcomed Opinion No. 16 (2014) of the CCJE on “The relations between judges and lawyers” (CM(2014)6 add1), which will be forwarded to the competent authorities in the member States and to the relevant bodies of the Council of Europe, and invited the member States and the relevant Council of Europe bodies to take account of it in their work. The Deputies took note of the situation report on the judiciary and judges in the Council of Europe member States (CM(2014)6 add2rev) and underlined the importance of standards relating to the status of judges and the exercise of their functions to improve respect for the rule of law across Europe. Finally, the Deputies took note of the abridged report of the 14th meeting of the CCJE (CM(2014)6).

Consultative Council of European Prosecutors (CCPE)

At their 1189th meeting (22 January 2014) (CM/Del/Dec(2014)1189/10.1), the Deputies took note of Opinion No. 8 (2013) of the CCPE on relations between prosecutors and the media (CM(2013)161 add) which will 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 then took note of the abridged report of the 8th plenary meeting of the CCPE (CM(2013)161).

European Commission for the Efficiency of Justice (CEPEJ)

At their 1209th meeting (8 October 2014) (CM/Del/Dec(2014)1209/10.1), the Deputies welcomed the activity report 2012-2013 of the CEPEJ (CM(2014)120 add1, and in particular the development of co-operation projects in support of national judicial reforms and the recognition of, on the international scene, the pre-eminent role of the CEPEJ in the evaluation of justice; emphasised that the extra-budgetary resources allocated to these programmes shall be used in line with the priorities of the CEPEJ.

The Deputies welcomed the report on “European judicial systems – Edition 2014: efficiency and quality of justice” (CM(2014)120 add2) and agreed to ensure a wide dissemination of the above-mentioned report among the relevant national institutions and organisations, and encouraged States to continue to rely on this tool to assist in decision making in order to enhance the efficiency and the quality of their public service of justice.

Finally, the Deputies took note of the abridged report of the 23rd meeting of the CEPEJ (CM(2014)120) as a whole.

At their 1195th meeting (19 and 20 March 2014) (CM/Del/Dec(2014)1195/10.1), the Deputies took note of the 2014-2015 Activity Programme of the CEPEJ (CM(2014)5 add) and took note of the abridged report of the 22nd meeting of the CEPEJ (CM(2014)5).

European Committee on Legal Co-operation (CDCJ)

At their 1198th meeting (29-30 April and 2 May 2014) (CM/Del/Dec(2014)1198/10.1ab), the Deputies adopted Recommendation CM/Rec(2014)7 on the protection of whistleblowers, and took note of its Explanatory Memorandum (CM(2014)34 add). The Deputies took note of the abridged report of the 88th meeting of the CDCJ (CM(2014)34).

Committee of Legal Advisers on Public International Law (CAHDI)

At their 1200th meeting (28 May 2014) (CM/Del/Dec(2014)1200/10.1), the Deputies took note of the abridged report of the 47th meeting of the CAHDI (CM(2014)43).

Replies to Recommendations

Parliamentary Assembly

At their 1210th meeting (22 and 24 October 2014) (CM/Del/Dec(2014)1210/10.4), the Deputies adopted the reply to Parliamentary Assembly Recommendation 2031 (2014) on “Refusing impunity for the killers of Sergei Magnitsky”.

At their 1206th meeting (10 September 2014) (CM/Del/Dec(2014)1206/10.2), the Deputies adopted the reply to Parliamentary Assembly Recommendation 2009 (2013): “Towards a Council of Europe convention to combat trafficking in organs, tissues and cells of human origin”.

At their 1206th meeting (10 September 2014) (CM/Del/Dec(2014)1206/10.3), the Deputies adopted the reply to Parliamentary Assembly Recommendation 2029 (2013) on “The participation of non-member States in Council of Europe conventions”.

At their 1205th meeting (9 July 2014) (CM/Del/Dec(2014)1205/10.5), the Deputies adopted the reply to Parliamentary Assembly Recommendation 2042 (2014) on “Access to nationality and the effective implementation of the European Convention on Nationality”.

At their 1188th meeting (15 January 2014), the Deputies adopted replies to Parliamentary Assembly Recommendation 2018 (2013) on “Promoting alternatives to imprisonment” (CM/Del/Dec(2014)1188/10.3) and Parliamentary Assembly Recommendation 2019 (2013) on “Corruption as a threat to the rule of law” (CM/Del/Dec(2014)1188/10.4).

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 1215th meeting (9-10 December 2014) (CM/Del/Dec(2014)1215/10.1a), the Deputies took note of the request of Sri Lanka 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. Australia, the Dominican Republic, Japan, Mauritius, Panama and the United States of America, and set 13 February 2015 as the deadline for a reply. The Deputies agreed that, if there was no objection from these Contracting States before the expiration of the deadline of 13 February 2015, the decision to invite Sri Lanka to accede to the Convention on Cybercrime (ETS No. 185) would be regarded as adopted on 18 February 2015 (1220th meeting of the Ministers’ Deputies) and agreed to resume consideration of this item if any of the above-mentioned States raised an objection concerning the accession of Sri Lanka to the Convention. The Deputies agreed, in accordance with their decisions of 10 April 2013 on the review of Council of Europe conventions, that the decision to invite Sri Lanka to accede to the Convention on Cybercrime is valid five years as from its adoption.

At their 1215th meeting (9-10 December 2014) (CM/Del/Dec(2014)1215/10.1b), the Deputies took note of the request of Peru 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. Australia, the Dominican Republic, Japan, Mauritius, Panama and the United States of America, and set 13 February 2015 as the deadline for a reply. The Deputies agreed that, if there was no objection from these Contracting States, before the expiration of the deadline of 13 February 2015, the decision to invite Peru to accede to the Convention on Cybercrime
(ETS No. 185) would be regarded as adopted on 18 February 2015 (1220th meeting of the Ministers’ Deputies) and agreed to resume consideration of this item if any of the above-mentioned States raised an objection concerning the accession of Peru to the Convention. The Deputies agreed, in accordance with their decisions of 10 April 2013 on the review of Council of Europe conventions, that the decision to invite Peru to accede to the Convention on Cybercrime is valid five years as from its adoption.

At their 1209th meeting (8 October 2014) (CM/Del/Dec(2014)1209/10.3), the Deputies decided to open the Council of Europe Convention against Trafficking in Human Organs for signature, on 25 March 2015, at the end of an international conference on organ trafficking to be held on 24 and 25 March 2015 in Santiago de Compostela (Spain).

At their 1207th meeting (17 September 2014) (CM/Del/Dec(2014)1207/10.1), the Deputies welcomed the offer of the Spanish authorities to host the ceremony for the opening for signature of the Council of Europe Convention against Trafficking in Human Organs in Spain in the context of an international conference on organ trafficking to be held in the first quarter of 2015, and agreed to come back to the issue of the date and place of the opening for signature in due course.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.5), the Deputies invited the Kingdom of Morocco to accede to the European Convention on Compulsory Insurance against Civil Liability in respect of Motor Vehicles (ETS No. 29). They agreed, in accordance with their decisions of 10 April 2013 on the review of Council of Europe conventions, that the decision to invite the Kingdom of Morocco to accede to the European Convention on Compulsory Insurance against Civil Liability in respect of Motor Vehicles is valid five years as from its adoption.

European Commission for Democracy through Law (Venice Commission)

At their 1203rd meeting (18 June 2014) (CM/Del/Dec(2014)1203/10.2b), the Deputies took note of the annual report of activities for 2013 of the Venice Commission (CM(2014)65).

At their 1202nd meeting (10-11 June 2014) (CM/Del/Dec(2014)1202/10.3), the Deputies, noting that Kosovo’s* membership of the Venice Commission is without prejudice to the positions of individual Council of Europe member States on the status of Kosovo*, agreed to the request by Kosovo* to join the Enlarged Agreement establishing the European Commission for Democracy through Law (Venice Commission) and invited Kosovo* to appoint a member to sit on the Commission. They decided that the current practice of using a footnote for references to Kosovo* should stop with immediate effect within the Venice Commission.

European Charter for Regional or Minority Languages

At their 1210th meeting (22 and 24 October 2014) (CM/Del/Dec(2014)1210/10.2a), 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 Denmark (CM(2014)116). They adopted Recommendation CM/RecChL(2014)6 on the application of the European Charter for Regional or Minority Languages by Denmark and agreed to forward it to the Danish authorities.

At their 1210th meeting (22 and 24 October 2014) (CM/Del/Dec(2014)1210/10.2b), 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 Cyprus (CM(2014)117). They adopted Recommendation CM/RecChL(2014)7 on the application of the European Charter for Regional or Minority Languages by Cyprus and agreed to forward it to the Cypriot authorities.

At their 1206th meeting (10 September 2014) (CM/Del/Dec(2014)1206/10.1), the Deputies took note of the sixth report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Liechtenstein (CM(2014)88), and commended the authorities of Liechtenstein for their continued European solidarity in respect of the Charter.

At their 1200th meeting (28 May 2014) (CM/Del/Dec(2014)1200/10.2), 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 Germany (CM(2014)57). They adopted Recommendation CM/RecChL(2014)5 on the application of the European Charter for Regional or Minority Languages by Germany and agreed to forward it to the German authorities.

At their 1197th meeting (16 April 2014) (CM/Del/Dec(2014)1197/10.1), 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 Slovenia (CM(2014)36). They adopted Recommendation CM/RecChL(2014)4 on the application of the European Charter for Regional or Minority Languages by Slovenia and agreed to forward it to the Slovenian authorities.

At their 1191st meeting (12-13 February 2014) (CM/Del/Dec(2014)1191/10.1), the Deputies declared Mr Dieter Wolfgang Halwachs elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Austria, for a period of six years starting on the date of election.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.1a), the Deputies declared Mr Fernando Ramallo Fernández elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Spain, for a period of six years starting on 19 December 2013.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.1b), the Deputies declared Ms Hedina Sijercic elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Bosnia and Herzegovina, for a period of six years starting on the date of the election.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.1c), 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 Ukraine (CM(2013)129). They adopted Recommendation CM/RecChL(2014)1 on the application of the European Charter for Regional or Minority Languages by Ukraine, and agreed to forward it to the Ukrainian authorities.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.1d), 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 Armenia (CM(2013)163). They adopted Recommendation CM/RecChL(2014)2 on the application of the European Charter for Regional or Minority Languages by Armenia and agreed to forward it to the authorities of Armenia.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.1e), 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 Luxembourg (CM(2013)149), and commended the authorities of Luxembourg for their continued European solidarity in respect of the Charter.

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.1f), 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 United Kingdom (CM(2013)150). They adopted Recommendation CM/RecChL(2014)3 on the application of the European Charter for Regional or Minority Languages by the United Kingdom and agreed to forward it to the authorities of the United Kingdom.

Group of States against Corruption (GRECO)

At their 1203rd meeting (18 June 2014) (CM/Del/Dec(2014)1203/10.1b), the Deputies took note of the general activity report for 2013 of GRECO (CM(2014)66).

Crime

European Committee on Crime Problems (CDPC)

At their 1210th meeting (22 and 24 October 2014) (CM/Del/Dec(2014)1210/10.3), the Deputies took note of the abridged report of the 66th session of the CDPC (CM(2014)115).

At their 1205th meeting (9 July 2014) (CM/Del/Dec(2014)1205/10.3), the Deputies took note of Parliamentary Assembly Opinion No. 286 (2013) on the “Draft Council of Europe Convention against Trafficking in Human Organs”. They adopted the Council of Europe Convention against Trafficking in Human Organs and took note of its Explanatory Report (CM(2013)79 addfinal). The Deputies agreed to come back to the issue of the date and place of the opening for signature of the Convention at a forthcoming meeting.

At their 1192nd meeting (19-21 February 2014) (CM/Del/Dec(2014)1192/10.1), the Deputies adopted Recommendation CM/Rec(2014)3 of the Committee of Ministers to member States concerning dangerous offenders and took note of its Commentary (CM(2014)14 add1). At the same time, the Deputies adopted Recommendation CM/Rec(2014)4 of the Committee of Ministers to member States concerning electronic monitoring and took note of its Commentary (CM(2014)14 add2).

The Deputies then took note of the abridged report of the 65th session of the CDPC (CM(2014)14).

Domestic violence

Data Protection

At their 1209th meeting (8 October 2014) (CM/Del/Dec(2014)1209/10.2), the Deputies took note of the abridged report of the 31st meeting of the T-PD (CM(2014)118).

At their 1195th meeting (19 and 20 March 2014) (CM/Del/Dec(2014)1195/4.4), the Deputies noted that the second meeting of CAHDATA would take place on 28 to 30 April 2014.

Terrorism

At their 1210th meeting (22 and 24 October 2014) (CM/Del/Dec(2014)1210/10.5), the Deputies agreed to amend the Appendix to 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), in accordance with the proposal made by Cyprus pursuant to Article 54, paragraph 6, of the Convention.

The Deputies instructed the Secretary General to notify the adoption of the amendment to the member States of the Council of Europe, to non-member States which have participated in the elaboration of the Convention, to the European Union and to any State having been invited to accede to the Convention. They recalled that the amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Parties and that, during this period, any Party may notify the Secretary General of any objection to the entry into force of the amendment in its respect. If one-third of the Parties notify the Secretary General of an objection to the entry into force of the amendment, the amendment shall not enter into force. If less than one-third of the Parties notify an objection, the amendment shall enter into force for those Parties which have not notified an objection.

At their 1196th meeting (2-3 April 2014) (CM/Del/Dec(2014)1196/10.1b), the Deputies took note of the annual report for 2013 of the Chair and of the Executive Secretary of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) (CM(2014)32 and CM(2014)32 corr).

Committee of Experts on Terrorism (CODEXTER)

At their 1205th meeting (9 July 2014) (CM/Del/Dec(2014)1205/10.2), the Deputies took note of the abridged report of the 26th meeting of the CODEXTER (CM(2014)87).

At their 1188th meeting (15 January 2014) (CM/Del/Dec(2014)1188/10.2), the Deputies took note of the abridged report of the 25th meeting of the CODEXTER (CM(2013)160).

* All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.



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