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1 STATUTE of the COUNCIL of EUROPE 1 Signed at London on 5 May 1949, and Amended in Conformity with the Certificates of the Sec

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1 STATUTE of the COUNCIL of EUROPE 1 Signed at London on 5 May 1949, and Amended in Conformity with the Certificates of the Sec Statute of the Council of Europe STATUTE OF THE COUNCIL OF EUROPE 1 signed at London on 5 May 1949, and amended in conformity with the Certificates of the Sec- retary General of the Council of Europe dated 22 May 1951, 18 December 1951, 4 May 1953, 30 May 1958, 3 November 1961, 6 May 1963, 24 May 1965, 14 October 1970, 17 February 1971, 9 December 1974, 2 October 1976, 9 January 1978, 20 January 1978, 27 November 1978, 16 November 1988, 5 May 1989, 6 November 1990, 21 February 1991, 26 November 1991, 7 May 1992, 15 January 1993, 14 May 1993, 30 June 1993, 7 October 1993, 10 November 1994, 10 February 1995, 13 July 1995, 9 November 1995, 28 February 1996, 6 November 1996, 27 April 1999, 25 January 2001, 24 April 2002, 3 April 2003, 5 October 2004, 11 May 2007 and 16 June 2015. The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland, Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation; Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, prin- ciples which form the basis of all genuine democracy; Believing that, for the maintenance and further realisation of these ideals and in the interests of economic and social progress, there is need of a closer unity between all like-minded countries of Europe; Considering that, to respond to this need and to the expressed aspirations of their peoples in this regard, it is necessary forthwith to create an organisation which will bring European States into closer association, Have in consequence decided to set up a Council of Europe consisting of a Committee of rep- resentatives of Governments and of a Consultative (Parliamentary) Assembly2, and have for this purpose adopted the following Statute: 1. In its Recommendation 1212 (1993) the Assembly presented a draft revised Statute of the Council of Europe to the Com- mittee of Ministers. The revision of the Statute was on the agenda of the Conference of Heads of State and Government of Coun- cil of Europe member states in Vienna on 8 and 9 October 1993. The Committee of Ministers was instructed to adapt the Organisation’s Statute as necessary for its functioning, having regard to the proposals put forward by the Parliamentary Assem- bly. The Committee of Ministers adopted in particular Statutory Resolutions (94)3 and (2000) 1 relating to the Congress of Lo- cal and Regional Authorities of Europe and took several decisions of an institutional character; these decisions are mentioned in footnotes to articles 9, 10, 20 and 38 of the Statute below. With respect to the reforms which occurred following the second Summit of the Council of Europe (10-11 October 1997) see the reply (Doc. 8480) of the Committee of Ministers to Assembly Recommendation 1212 and the document “Summary of Committee of Ministers’ reflections on institutional matters” of 7 May 2001 (Doc. CM (2001) 72). See also Recommendation 1763 (2006) on Institutional balance at the Council of Europe (Doc. 11017 and Reply from the Committee of Ministers, Doc. 11222). 2. In July 1974 the Standing Committee decided that the name “Parliamentary Assembly” should be used in place of “Con- sultative Assembly” since it reflected more accurately the role and composition of the Assembly; in February 1994 the Com- mittee of Ministers decided to use henceforth the name “Parliamentary Assembly” in all Council of Europe documents; see below the footnote to article 10 of the Statute. 1 Statute of the Council of Europe CHAPTER I – AIM OF THE COUNCIL OF EUROPE Article 1 a. The aim of the Council of Europe is to achieve a greater unity between its Members for the purpose of safeguarding and realising the ideals and principles which are their common her- itage and facilitating their economic and social progress. b. This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientif- ic, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms. c. Participation in the Council of Europe shall not affect the collaboration of its Members in the work of the United Nations and of other international organisations or unions to which they are parties. d. Matters relating to national defence do not fall within the scope of the Council of Europe. CHAPTER II – MEMBERSHIP Article 2 The Members of the Council of Europe are the Parties to this Statute. Article 3 Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I. Article 4 1 Any European State which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited to become a Member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a Member on the deposit on its behalf with the Secretary Gen- eral of an instrument of accession to the present Statute. 1. See Statutory Resolution (51) 30, p. 16 below and Article 20 (c) below. 2 Statute of the Council of Europe Article 5 1 a. In special circumstances, a European country which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited by the Committee of Ministers to become an Associate Member2 of the Council of Europe. Any country so invited shall become an Associate Member on the deposit on its behalf with the Secretary General of an instrument accepting the present Statute. An Associate Member shall be entitled to be represented in the Consultative (Parliamentary) Assembly only. b. The expression “Member” in this Statute includes an Associate Member except when used in connection with representation on the Committee of Ministers. Article 6 Before issuing invitations under Article 4 or 5 above, the Committee of Ministers shall deter- mine the number of Representatives on the Consultative (Parliamentary) Assembly to which the proposed Member shall be entitled and its proportionate financial contribution. Article 7 Any Member of the Council of Europe may withdraw by formally notifying the Secretary Gen- eral of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. If the notification is given in the last three months of the financial year, it shall take effect at the end of the next financial year. Article 8 3 Any Member of the Council of Europe which has seriously violated Article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such Member does not comply with this request, the Committee may decide that it has ceased to be a Member of the Council as from such date as the Committee may determine. Article 9 The Committee of Ministers may suspend the right of representation on the Committee and on the Consultative (Parliamentary) Assembly of a Member which has failed to fulfil its financial obligation during such period as the obligation remains unfulfilled.4 1. See Statutory Resolution (51) 30, p. 16 below and Article 20 (c) below. 2. At present no country enjoys that status; it may be noted that contrary to Article 4, Article 5 refers to “country”. Indeed, the founding fathers of the Council of Europe thought of countries as not fully sovereign. The Saar (May 1950-1 January 1957) and the Federal Republic of Germany (July 1950-May 1951) were the only “countries” to benefit from Article 5 in its present word- ing. 3. See the Statutory Resolution (admission of new members) p. 16 below. 4. In November 1994 the Committee of Ministers agreed that, apart from exceptional circumstances having prevented a mem- ber state from fulfilling its obligation, Article 9 of the Council of Europe’s Statute will be applied to any state which has failed to fulfil all or a substantial part of its financial obligation for a period of two years. 3 Statute of the Council of Europe CHAPTER III – GENERAL Article 10 The organs of the Council of Europe are: i. the Committee of Ministers; ii. the Consultative (Parliamentary) Assembly1. Both these organs shall be served by the Secretariat of the Council of Europe.2 Article 11 The seat of the Council of Europe is at Strasbourg. Article 12 The official languages of the Council of Europe are English and French. The Rules of Procedure of the Committee of Ministers and of the Consultative (Parliamentary) Assembly shall deter- mine in what circumstances and under what conditions other languages may be used.3 CHAPTER IV – COMMITTEE OF MINISTERS4 Article 13 The Committee of Ministers is the organ which acts on behalf of the Council of Europe in ac- cordance with Articles 15 and 16. Article 14 5 Each Member shall be entitled to one representative on the Committee of Ministers, and each representative shall be entitled to one vote.
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