IT-TLETTAX-IL LEĠIŻLATURA
P.L. 1369
Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 96 tal-21 ta’ Marzu 2018 mill-Deputy Speaker, l-Onor. Claudette Buttigieg.
______Raymond Scicluna Skrivan tal-Kamra
Parliamentary Assembly of the Council of Europe: 1. Meeting of the Committee on Legal Affairs (14 March 2018) 2. Meeting of the Standing Committee (16 March 2018) 3. Meeting of the Ad Hoc Committee on the Role and Mission of the Parliamentary Assembly (16 March 2018)
14 - 16 March 2018 Paris, France
Hon Emmanuel Mallia, MP
RAPPORT LILL-ISPEAKER DWAR PARTECIPAZZJONI F'KONFERENZA/LAQGHA/ZJARA TA' NATURA PARLAMENTARI BARRA MINN MALT A
1. Titlu tal-Konferenza/Laqglia: Tliet laqghat ta' Kumitati tal-Assemblea Parlamentari ghall-Kunsill tal Ewropa: (i) Laqgha tal-Kumitat dwar 1-Affarijiet Legali u d-Drittijiet tal-Bniedem fl-14 ta' Marzu 2018; (ii) Laqgt1a tal-Kumitat Permanenti fis-16 ta' Marzu 2018 filghodu fil-Parlameut FranCiZ; u (iii) Laqgt1a tal-Kumitat 'Ad Hoc' tal-Bureau fis-16 ta' Marzu 2018 wara nofsinhar fil-Parlament Fran6iz.
2.DATA: PARIGI - FRANZA
3. ISEM IL-MEMBRU/I LI PPARTECIPA W: ONOR. EMMANUEL MALLIA.
4. SUGGETT/I FUQ L-AGENDA: L-agenda tat-tliet laqghat jinsabu mehmuza.
5. KONKLUZJONIJIET TAL-LAQGHA, JEKK IKUN IL-KAZ: Is-synopsis tal-laqgtJatjinsabu mehmuza.
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6. INTERVENT/I MAGHMUL/A MILL-MEMBRU: t. DisplayText cannot span more than one line! Tista' zzid karti ohrajn jekk tixtieq taghmel rapport itwal.
7. DOKUMENTI IMPORTANTI TAL-KONFERENZA!LAQGHA LI THOSS LI GHANDHOM .. IKUNU MEHMUZA JEKK IKUN IL-KAZ. .. 8. JEKK TIXTIEQ LI TITQASSAM STQARRIJA GHALL-ISTAMPA MILL-PARLAMENT ANNETTI ABBOZZ TAL-ISTQARRIJA GHALL-ISTAMPA U X-XANDIR.
Marzu 2018
Data
N.B. @ Fil-kaz ta' delegazzjoni ta' aktar minn delegat wiehed, jista' jsir rapport wiehed li jingabar mill-kap tad-delegazzjoni li fih jitniZ±lu 1-interventi kollha u r-rapport jigi ffumat minn kull delegat.
(ii) Inti gentilment mitlub/ ali twassal dan ir-rapport ghand l-iSpealcer sa mhux aktar tare! minn ghaxart ijiem minn meta tktm intemmet il- konferenza/laqgha. "
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SECRETARIAT
ASIJur (2018) CB 02 16 March 2018
To the members of the Committee on Legal Affairs and Human Rights
Synopsis of the meeting held in Paris on 14 March 2018
The Committee on Legal Affairs and Human Rights, meeting in Paris on 14 March 2018, with Ms Olen a Sotnyk (Ukraine, ALOE) 1'1 Vice-Chairperson in the Chair, as regards: I Communication by the Vice-Chairperson: heard a statement by the Vice-Chairperson concerning the Parliamentary Assembly's expenditure for the 2018 financial year and the implementation of budgetary savings following the decisions by the Bureau, as well as clarification by the EPP/CD group of the order of their nominations for Vice-Chairpersons, as follows: Mr Samvel Farmanyan (Armenia) as 2nd Vice-Chairperson and Mr Vusal Huseynov (Azerbaijan) as 3rd Vice-Chairperson; ,,!
Legal challenges related to the hybrid war and human rights obligations (Rapporteur: Mr Boriss Cilevics, Latvia, SOC): considered a draft report and unanimously adopted a draft resolution and draft recommendation; agreed to prepare a new motion for a resolution to cover legal issues related to ,, interference in democratic elections;
Counter-Narratives to Terrorism (Rapporteur: Mr Liam Byrne, United Kingdom, SOC): considered a draft report and unanimously adopted a draft resolution and draft recommendation;
Protecting human rights defenders in Council of Europe member States (Rapporteur: Mr Egidijus Vareikis, Lithuania, EPP/CD): held a hearing with the participation of Mr Hugo Gabbero, Deputy •• Director, Observatory for the Protection of Human Rights Defenders, International Federation for Human Rights (FIDH), Paris, France, and Ms Natalia Prilutskaya, Researcher, Russia team, Eastern Europe and Central Asia Regional Office, Amnesty International, London, United Kingdom; agreed to seize the Venice Commission for an opinion on the compatibility of the Hungarian government's "Stop .. Soros" legislative package with international human rights standards;
Draft Copenhagen Declaration on the European human rights system in the future Europe: held an exchange .of views with Mr Philip Leach, Professor of Human Rights Law, Director of the European Human Rights Advocacy Centre, Middlesex University, United Kingdom, on the draft Copenhagen Declaration prepared by the Danish chairmanship of the Committee of Ministers and adopted a statement thereon, and agreed to transmit this statement to the Bureau for further transmission to Standing Committee for possible adoption, should the Bureau agree to this;
The continuing need to restore human rights and the rule of law in the North Caucasus region (Rapporteur: Mr Frank Schwabe, Germany, SOC): in the absence of the Rapporteur, agreed to postpone consideration of his introductory memorandum to the April 2018 part-session and authorised the Rapporteur's request for a fact-finding visit to the Russian Federation, including the North Caucasus region, subject to the availability of funds; •• Co-operation with United Nations human rights mechanisms - a challenge for the Council of Europe and its member States (Rapporteur: Mr Frank Schwabe, Germany, SOC): in the absence of the Rapporteur, agreed to postpone consideration of this introductory memorandum to the April 2018 part-session and authorised the Rapporteur's request for a fact-finding mission to the United Nations office in Geneva, subject to the availability of funds, and agreed to hold a hearing to examine the situation from the perspective of the Council of Europe, with the participation of the Commissioner for Human Rights, the Director General of Human Rights and Rule of Law and the Director General of Democracy of the Council of Europe;
Out-of-court settlement procedures in criminal justice: advantages and risks (Rapporteur: Mr Boriss Cilevics, Latvia, SOC): considered an introductory memorandum, authorised a hearing with up to three experts at one of the forthcoming meetings, subject to the availability of funds, and agreed to the rapporteur's proposal to change the current title of the report to "Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems";
Sergei Magnitsky and beyond - fighting impunity by targeted sanctions (Rapporteur: Lord Donald Anderson, United Kingdom, SOC): considered an introductory memorandum and authorised a hearing at the forthcoming meeting in Reykjavik on 22-23 May 2018, with two parliamentarians, one from Canada and one from a Council of Europe member state involved in the adoption of "Magnitsky laws" in their home parliaments, subject to the availability of funds;
Anonymous donation of gametes: balancing the rights of parents, donors and offspring: agreed to a proposal by Ms Sabien Lahaye-Battheu (Belgium, ALOE) to request the Bureau for an opinion on this report, under preparation by the Committee on Social Affairs and Sustainable Development;
Replies from the Committee of Ministers to recommendations emanating from the Committee: took note of the reply from the Committee of Ministers to Assembly Recommendation 2110 (2017) on "The implementation of judgments of the European Court of Human Rights";
Appointment of representatives of the Committee: decided to propose to the Bureau the following nominations for representatives of the Committee at the meetings of the European Commission for Democracy through Law ("Venice Commission") for 2018:
Mr Sergiy Vlasenko (Ukraine, EPPICD)- titular member Ms Azadeh Rojhan Gustafsson (Sweden, SOC)- substitute;
Appointment of rapporteurs:
For opinion:
Defining guidelines for international NGOs: appointed Ms Olena Sotnyk (Ukraine, ALOE), and heard from her a declaration of absence of conflict of interest (Rapporteur for the Committee on Migration, Refugees and Displaced Persons: Ms Daphne Dumery, Belgium, NR);
Other business:
- Sub-committee on the implementation of judgments to the European Court of Human Rights: agreed to a request by the German delegation to appoint Ms Giikay Akbulut (UEL}, currently the substitute to Mr Volker Ullrich (EPPICD), as a titular member (Mr Ullrich to remain a titular member);
- Vaclav Havel Human Rights Prize: took note of the procedure for proposals, the closing date of 30 April 2018 and the website presenting all information related to the prize;
• End of year meetings: in accordance with AS/Bur (2018) 04, discussed the possibility of cancelling the Committee's meeting scheduled for 12 November 2018 and agreed to return to this matter during the April 2018 part-session; agreed to the request of the Committee on Political Affairs and Democracy to switch dates in December 2018: the Committee on Legal Affairs and Human Rights will now hold its meeting on 13 December 2018;
2 - The attempted murder by poisoning of Sergei Skripal and his daughter in the United Kingdom: at the request of Mr Emanuelis Zingeris (Lithuania, EPP/CD), held an exchange of views and took note that a proposal may be made to the Bureau to hold an urgent debate on the matter at the forthcoming April2018 part-session.
Next meetings: took note of the forthcoming meetings:
Plenary Committee:
Strasbourg, during the Assembly's 2"' part-session of 2018 (23-27 April 2018) Reykjavik, Iceland, 22-23 May 2018 Strasbourg, during the Assembly's 3" part-session of 2018 (25-29 June 2017) Paris, 10 September 2018 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 41h part-session of 2018 (8-12 October 2018) Paris, 12 November 2018 (Council of Europe Office) (to be confirmed) Paris, 13 December 2018 (Council of Europe Office).
Gunter Schirmer, David Milner, Agnieszka Szklanna
I !
Copy to:
Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly '' Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights •• Director of Communication Permanent Representations to the Council of Europe ,,
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3 Parliamentary Assembly Assemblee parlementaire
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ASIJur (2018) OJ 02 Rev 2 6 March 2018 ajoj02 2018 Rev 2
Committee on Legal Affairs and Human Rights
of the meeting to be held in Paris on 14 March 2018 from 9.30am- 5.30pm
(Council of Europe Office 55 avenue Kleber, Paris 168 (Metro: Boissiere) tel: +33 (0)1 44 05 33 60, fax: +33 (0)1 47 27 36 47) ! I
I
I' 2. Agenda [AS/Jur(2018) OJ 02 ReviJ
Adoption of the agenda
3. Minutes '. [AS/Jur (2018) PV 01] Approval of the minutes of the meeting held in Strasbourg from 22-25 January 2018 ,, '
4. Legal challenges related to the hybrid war and human rights obligations Rapporteur: Mr Boriss Cilevics, Latvia, SOC [AS/Jur (2018) Ill
Consideration of a draft report and adoption of a draft resolution
This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting
~ I Copy to Secretaries of delegations and political groups
Meet1ng documents are published on the Parliamentary Assembly extranei website (restncted area for national delegations): http://assembly.coe.int/extranet. AS/Jur (2018) OJ 02 Rev 2
5. Counter-Narratives to Terrorism Rapporteur: Mr Liam Byrne, United Kingdom, SOC [AS/Jur (2018) Ill
Consideration of a draft report and adoption of a draft resolution
Hearing:
6. Protecting human rights defenders in Council of Europe member States Rapporteur for opinion: Mr Egidijus Vareikis (Lithuania, EPPICD) [AS/Jur (2018) 05]
Hearing with the participation of:
Mr Hugo Gabbero, Deputy Director, Observatory for the Protection of Human Rights Defenders International Federation for Human I
7. Draft Copenhagen Declaration on the European human rights system in the future Europe [draft Copenhagen Declaration joint NGO statement draft statement by the Committee]
Exchange of views with Mr Philip Leach, Professor of Human Rights Law, Director of EHRAC (The European Human Rights Advocacy Centre), Middlesex University, United Kingdom
8. The continuing need to restore human rights and the rule of law in the North Caucasus region Rapporteur: Mr Frank Schwabe, Germany, SOC [AS/Jur (2018) .]
Consideration of an introductory memorandum
9. Co-operation with United Nations human rights mechanisms - a challenge for the Council of Europe and its member States Rapporteur: Mr Frank Schwabe, Germany, SOC [AS/Jur (2018) Ill
Consideration of an introductory memorandum
10. Out-of-court settlement procedures in criminal justice: advantages and risks Rapporteur: Mr Boriss Cite vies, Latvia, SOC [AS/Jur (2018) 11111
Consideration of an introductory memorandum AS/Jur (2018) OJ 02 Rev 2
of Ministers to recommendations emanating from the Committee
14. Appointment of representatives of the Committee
Appointment of a member and a substitute to represent the Committee at meetings of the European Commission for Democracy through Law ("Venice Commission") in 2018 in the framework of the Assembly's institutional representation (proposals to be submitted to the Bureau)
15. Appointment of rapporteurs [Appointment procedure document Rapporteur table
For opinion: Defining guidelines for international NGOs Rapporteur for the Committee on Migration, Refugees and Displaced Persons: Ms Daphne Dumery, I Belgium, NR
16. Other business j.
17. Next meetings
Plenary Committee:
Strasbourg, during the Assembly's 2"d part-session of 2018 (23-27 April 2018) Reykjavik, Iceland, 22-23 May 2018 Strasbourg, during the Assembly's 3'd part-session of 2018 (25-29 June 2017) Paris, 10 September 2018 (Council of Europe Office) (to be confirmed) 1 Strasbourg, during the Assembly's 4 h part-session of 2018 (8-12 October 2018) Paris, 12 November 2018 (Council of Europe Office) (to be confirmed) •• Paris, 11 December 2018 (Council of Europe Office) (to be confirmed)
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.' l.L£?- Parliamentary Assembly ~~ Assemblee parlementaire
jji4i~~~---·_ -~~~~~.- ,. ~~------CONSEILDEtEUROPE~~~~=:-J AS/Per (2018) OJ 01 21 February 2018
Standing Committee
Draft Agenda
of the meeting to be held in Paris on Friday 16 March 2018 (9 a_m_ -12 noon) at the French National Assembly (Salle Lamartine} 101, rue de I'Universite Tel:+ 33 (0)3 90 21 50 82 Fax:+ 33 (0)3 88 41 27 33
Secretariat phone number (15-16 March 2018): +33 (0) 6 62 26 54 89 I (Metro: lnvalides/Assemblee nationals)
1. Opening ofthe meeting by Mr Michele Nicoletti, President of the Parliamentary Assembly
2. Examination of new credentials
3. Modifications in the composition of committees Commissions (2018) , " I' !
4. Request(s) for a current affairs debate (under Rule 53 of the Rules of Procedure)
5. Agenda AS/Per (2018) OJ 01 •• Adoption of the draft agenda
6. Second part-session of the Parliamentary Assembly (23-27 April 2018) AS/Bur (2018) , " ' .
Consideration of the draft agenda
This document is the convocation to the meeting for the members of the Standing Committee
Copy to: Secretaries of delegations and political groups
" Members who wish to present amendments and sub-amendments are invited to table them in writing with the Table Office before the opening of the meeting. AS/Per (2018) OJ 01
7. References to committees AS/Per (2018) 000
Consideration of the proposals submitted by the Bureau of the Assembly
8. (Possibly) Current affairs debate (under Rule 53 of the Rules of Procedure)
9. Exchange of views with Mr Guido Raimondi, President of the European Court of Human Rights
10. Equality and Non-Discrimination
Gender equality and child maintenance Doc. 14499
Rapporteur of the Committee on Equality and Non-Discrimination: Ms Gisela Wurm (Austria, SOC)
Rapporteur of the Committee on Social Affairs, Health and Sustainable Doc. 14504 Development (for opinion): Ms Liliane Maury Pasquier (Switzerland, SOC)
Debate Vote on a draft resolution
11. Rules of Procedure, Immunities and Institutional Affairs
Modification of the Assembly Rules of Procedure with a view to removing Doc. 000 Turkish from the list of working languages of the Assembly
Rapporteur of the Committee on Rules of Procedure, Immunities and Institutional Affairs: Ms Petra De Sutter (Belgium, SOC)
Debate
Vote on a draft 00.
12. Other business
13. Next meeting
-Zagreb, 1 June 2018 SECRETARIAT
AS/Per (2018) CB 01 21 March 2018
To the members of the Standing Committee Synopsis of the meeting held in Paris on 16 March 2018
The Standing Committee, meeting on 16 March 2018 in Paris, with Mr Michele Nicoletti, President of the Assembly, in the Chair:
ratified the credentials of new members of the Assembly submitted by the delegations of Denmark, Germany, Ireland, Monaco and a change in the delegation of Andorra;
approved changes in the composition of Assembly committees; I took note of the draft agenda of the second part-session of the Assembly (23-27 April 2018);
ratified the references proposed by the Bureau which are contained in the Appendix I hereafter;
held an exchange of views with Mr Guido Raimondi, President of the European Court of Human Rights; I ! adopted a declaration on the "Draft Copenhagen Declaration on the European Human Rights system in the future Europe" contained in the Appendix II hereafter;
adopted the following texts on behalf of the Assembly:
Resolution 2207 (2018) Gender equality and child maintenance Resolution 2208 (2018) Modification of the Assembly's Rules of Procedure: the impact of the budgetary crisis on the list of working languages of the Assembly Recommendation 2124 (2018) Modification of the Assembly's Rules of Procedure: the impact of the budgetary crisis on the list of working languages of the Assembly
decided to hold its next meeting in Zagreb on 1 June 2018. t' Alfred Sixto
cc. Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe APPENDIX I
Decisions on documents tabled for references to committees
A. REFERENCES TO COMMITTEES
1. Greek islands: more needs to be done Motion for a resolution tabled by Ms Petra De Sutter and other members of the Assembly Ooc.14474
Reference to the Committee on Migration, Refugees and Displaced Persons for report
2. Strengthening parliamentary dialogue with Algeria Motion for a resolution tabled by Mr Jacques Maire and other members of the Assembly Doc.14476
Reference to the Committee on Political Affairs and Democracy for report
3. Jewish cultural heritage preservation Motion for a resolution tabled by Ms Angela Smith and other members of the Assembly Doc.14477
Reference to the Committee on Culture, Science, Education and Media for report
4. Concerted action on human trafficking I Motion for a resolution tabled by Mr Vernon Coaker and other members of the Assembly Doc.14478
Reference to the Committee on Migration, Refugees and Displaced Persons for report and to the Committee on Equality and Non-Discrimination for opinion I 5. Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges Motion for a resolution tabled by Mr Pieter Omtzigt and other members of the Assembly Doc.14479
Reference to the Committee on Legal Affairs and Human Rights for report
6. Stepping up co-operation between European initiatives for better child protection against sexual violence Motion for a resolution tabled by the Committee on Social Affairs, Health and Sustainable Development Doc.14480 ••
Reference to the Committee on Social Affairs, Health and Sustainable Development for report
7. European weapons and funds for Daesh Motion for a resolution tabled by Mr Pieter Omtzigt and other members of the Assembly Doc.14482
Transmission to the Committee on Political Affairs and Democracy for information
8. Improving the protection of whistleblowers all over Europe Motion for a resolution tabled by Mr Sylvain Waserman and other members of the Assembly Doc.14483
Reference to the Committee on Legal Affairs and Human Rights for report
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2 9. So-called "tax optimisation" and policy, two incompatible concepts Motion for a resolution tabled by Mr Sergiy Vlasenko and other members of the Assembly Doc.14485
Transmission to the Committee on Legal Affairs and Human Rights for information
10. Russian racial discrimination of Crimean Tatars in Crimea Motion for a resolution tabled by Ms Kerstin Lundgren and other members of the Assembly Doc.14262
Reference to the Committee on Equality and Non-Discrimination for report
B. MODIFICATIONS OF REFERENCES
1. Defining guidelines for international NGOs Motion for a resolution tabled by Ms Deborah Bergamini and other members of the Assembly Doc.14380 Reference No. 4331 du 13 October 2017- validity: 13 October 2019 (reference to the Committee on Migration, Refugees and Displaced Persons for report)
Reference to the Committee on Migration, Refugees and Displaced Persons for report and to the Committee on Legal Affairs and Human Rights for opinion
2. Libya's future between the threats of terrorism and a democratic prospect Motion for a resolution tabled by Mr Khalid Chaouki and other members of the Assembly ! Doc.13812 Ref. 4140 of 26 June 2015- validity: 15 March 2018 (reference to the Committee on Political Affairs and Democracy for report)
Reference to the Committee on Political Affairs and Democracy for report and to the Committee on Migration, Refugees and Displaced Persons for opinion ,,
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3 APPENDIX II
Declaration on the Draft Copenhagen Declaration on the European Human Rights system in the future Europe'
The visionary statesmen who rebuilt Europe from the ruins of the Second World War understood the importance of making states share responsibility for human rights. The system they designed, that of the European Convention on Human Rights, ensures that all States Parties protect the uniformly defined rights of everyone within their jurisdictions, with harmonised national protection mechanisms and a common European control mechanism. The effectiveness of the overall system depends on the proper functioning of each of its constituent elements. This in turn depends primarily on the attitude and conduct of the Staies Parties.
On 12-13 April2018, in Copenhagen, the Danish chairmanship of the Committee of Ministers will hold a High Level Conference on the European Human Rights system in the future Europe. A first draft declaration was issued on 5 February 2018. Whilst this draft contains welcome expressions of commitment to the Convention system, its negative tenor risks undermining human rights protection in Europe. As detailed in the attached comments, the draft declaration puts into question:
The universality of the rights protected by the Convention; The independence of the European Court of Human Rights, free from political influence; The scope of the Court's jurisdiction over all matters concerning interpretation and application of the Convention; The States Parties' unconditional obligation to implement the Court's judgments.
The Committee of Ministers should continue to focus on the main challenges to the Convention system, namely the Court's case-load and its principal cause, which is inadequate national implementation of the Convention in many States. 2
Comments on the draft Copenhagen Declaration
1. The visionary statesmen who rebuilt Europe from the ruins of the Second World War understood the importance of making states share responsibility for human rights.' The system they designed, that of the European Convention on Human Rights (the Convention), ensures that all States Parties protect the uniformly defined rights of everyone within their jurisdictions, with harmonised national protection mechanisms and a common European control mechanism. These essential goals are achieved through a primary obligation on States Parties to respect the rights of everyone within their jurisdiction (article 1) and provide remedies for violations (article 13); under the supervision of an independent European Court of Human Rights (the Court) (article 19), competent in all matters of interpretation and application of the Convention (article 32), adjudicating on cases brought by states (article 33) or individuals claiming to be victims (article 34) on a subsidiary basis, following exhaustion of domestic remedies (article 35); with the States Parties bound to implement the judgments of the Court, under the collective supervision of the Committee of Ministers (article 46). The effectiveness of the overall system depends on the proper .. functioning of each of these constituent elements, which in turn depends primarily on the attitude and conduct of the States Parties, whose joint creation this system was and to whose overall advantage it operates.
2. On 12-13 April2018, in Copenhagen, the Danish chairmanship of the Committee of Ministers will hold I' a High Level Conference on the European Human Rights system in the future Europe. A first draft declaration was issued on 5 February 2018. Whilst this draft contains welcome expressions of commitment to and support for the Convention system, its negative tenor and much of its content risk damaging the system's core structure and undermining human rights protection in Europe.
3. One of the purposes of the Convention is to establish a catalogue of universal human rights, derived from the 1948 Universal Declaration on Human Rights, for special, regional protection according to uniform interpretation and application. Certain provisions of the draft Copenhagen Declaration, however, may
1 Submitted by the Committee on Legal Affairs and Human Rights. 2 The Danish chairmanship of the Committee of Ministers issued a revised draft declaration on 6 March 2018. As this document has been classified as "restricted", its contents are not known and it is not possible to comment upon them. 3 See the preamble of the Convention: 'The Governments signatory hereto ... , Being resolved ... to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration" ;,
4 undermine this universality, allowing for rights to be relativized by reference to national considerations,• including the vagaries of political interest and influence,' and permitting incoherent implementation of the Convention across States Parties.6
4. Uniform interpretation and application of Convention rights and collective enforcement of decisions on complaints hinge upon the Court's role as an independent judicial decision-making body. Several provisions of the draft declaration are inconsistent with proper respect for the Court's judicial function,' in particular that it decides cases on the basis of submissions made by parties to proceedings and the applicable law, and not of political views expressed by various loosely defined actors in other fora. 8 The proper way for a non respondent State or any other actor to seek to influence the Court's judicial decision-making is through the existing possibility of third-party intervention.
5. The draft declaration appears to suggest limitations on the jurisdiction of the Court that are inconsistent with the provisions of the Convention. Through repeatedly highlighting one aspect of subsidiarity, the draft declaration gives the impression that the Court's role should be essentially deferential, or even subordinate to that of national authorities.9 It also purports to state as legal fact an unduly limited approach to definition of Convention rights, with the apparent intent to restrict the Court's exercise of its interpretative jurisdiction. 10 The States Parties should scrupulously respect the Court's supervisory jurisdiction over application and interpretation of the Convention.
6. Several provisions of the draft declaration seek to place particular restrictions on the Court's jurisdiction in relation to certain types of case. This is especially so in relation to immigration and asylum cases, whereas there is nothing in the Convention to suggest they should be given special treatment; indeed, such an approach may encourage or facilitate discriminatory treatment at national level, which is prohibited under article 13.11 The draft declaration even appears to suggest that inter-state cases, which historically have addressed some of the most serious and widespread violations, and cases arising from conflicts between States Parties, despite the maintenance of peace being a core concern of the Convention,12 should no longer be dealt with by the Court. 13 In other respects, the draft declaration appears inconsistent, at one point implying that widespread, structural or systemic problems are 'core business' for the Court,14 whilst at another suggesting that the Court is inherently unable to provide individual justice in such cases. 15
4 " ••• rights being protected predominantly at national level by State authorities in accordance with their constitutional traditions and in light of national circumstances" (paragraph 14) 5 "In matters of general policy, on which opinions in a democratic society may reasonable differ widely, the role of the domestic policy-maker should be given special weight" (paragraph 23) s "Consistency in the application of the Convention does not require that States Parties implement the Convention uniformly" (paragraph 57) 7 "an ongoing constructive dialogue between States Parties and the Court on their respective roles in applying and developing the Convention" (paragraph 31). Compare article 32(2) of the Convention: "In the event of dispute as to whether the Court has jurisdiction, the Court shall decide." 8 "The development of the rights and obligations set out in the Convention by the Court should go hand-in-hand with an ongoing dialogue in which States Parties and their populations are appropriately involved, including civil society" ,, (paragraph 32); "States Parties to discuss the general development of areas of the Court's case Jaw of particular interest to them and, if appropriate, adopt texts expressing their general views" (paragraph 41); "hold a series of informal meetings of States Parties before the end of 2019, where relevant developments in the jurisprudence of the Court can be discussed, with input of other relevant actors" (paragraph 42) 9 "The Court ... should not take on the role of States Parties whose responsibility it is to ensure that Convention rights and freedoms are respected and protected at national level" (paragraph 22); see also paragraph 24. 1° "The scope of the rights and freedoms guaranteed by the Convention is defined within the text of the relevant provisions, as interpreted reasonably in the light of their object and purpose in accordance with the interpretive principles of the Vienna Convention on the Law of Treaties" (paragraph 55) 11 "the Court should not act ... as an immigration appeals tribunal, but respect the domestic courts' assessment of evidence and interpretation and application of domestic legislation, unless arbitrary or manifestly unreasonable" (paragraph 25); "When examining cases related to asylum and immigration, the Court should ... avoid intervening except in the most exceptional circumstances" (paragraph 26) 12 See the preamble: "Considering that the aim of the Council of Europe is the achievement of greater unity between its members ... Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world" 13 "the establishment of separate mechanisms or other means to deal with inter-State cases as well as individual communications stemming from a conflict between two or more States Parties" (paragraph 54.b)) 14 "where the Court can focus its efforts on identifying serious or widespread violations, systemic and structural problems" (paragraph 4) 15 "the number of people affected is such that a solution on an individual basis at international level is unrealistic" (paragraph 13) ,,
5 7. If the Court's judgments are not respected by the States Parties, the Convention control mechanism becomes ineffective and the Convention system loses most of its added value. States have accepted an unconditional obligation to implement Court judgments, yet the draft declaration seems to make this core principle subject to their 'acceptance' by national actors, including the governments that represent the state In the Convention system .'6 National authorities must implement Court judgments as a matter of basic respect for the rule of law, including the principle pacta sunt servanda ('agreements must be kept').
Recommendations to the Committee of Ministers
8. The Committee notes that the forthcoming Copenhagen Conference forms part of a series, beginning at Interlaken (201 0) and continuing at lzmir (2011 ), Brighton (2012) and Brussels (2015). Until now, the main focus of the resulting declarations has been the Court's case-load and its principal cause, which is inadequate national implementation of the Convention in many States. These should remain the targets of inter-governmental work, which should build on the many expert reports adopted over the past eight years by promoting implementation of their recommendations, conducting co-operation activities that address the main weaknesses found in Court judgments and ensuring that the Court is sufficiently resourced to discharge its function, including through an extraordinary injection of funds to allow it to absorb its backlog of applications.
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16 "the ensuing acceptance [of the Court's judgments] by all actors of the Convention system, including governments, parliaments, domestic courts, applicants and the general public as a whole, is vital for ensuring the authority and effectiveness of the Convention system" (paragraph 56) ,,
6 Parliamentary Assembly Assemblee parlementaire t@~ ~~ trfl'iHI!B~IKi'll·!![· li'llll------Bureau of the Assembly
AS/Bur/MR-PA (2018) OJ 02 2 February 2018 Ad hoc Committee on The role and mission of the Parliamentary Assembly
Draft agenda of the meeting to be held in Paris on Friday, 16 March 2018 from 2 to 5.30 pm Salle Lamartine, National Assembly, 101 rue de I'Universite, Paris 7• i ' 1. Agenda [AS/Bur/MR-PA (2018) OJ02]
Adoption of the agenda
2. Minutes [AS/Bur/MR-PA (2018) PV 01] I' Approval of the draft minutes
3. Letter by the President of the Assembly dated 24 January 2018: consideration of replies [Letter by the President; AS/Bur/MR-PA(2018)02; AS/Bur/MR-PA (2018) INF 01]
Statement by the President ••
Exchange of views
I • 4. Other business
5. Date and place of the next meeting
Strasbourg, Thursday 26 April 2018, 2 pm (tbc)
To all participanis of the Ad hoc Committee of the Bureau of the Assembly
copy for information to secretaries of national delegations and political groups and Heads of the secretariat of the Assembly's general committees
This document is also the convocation to the meeting .' Parliamentary Assembly Assemblee parlementaire t~~ ~~dft~J~~w~um,wmnm•aaaaaaaaaaaaaaaaaa.. aaaaaaaaaaaaaaaa-.. Bureau of the Assembly
AS/Bur/MR·PAICB (2018) 02 19 March 2018
Ad hoc Committee on The role and mission of the Parliamentary Assembly
Synopsis of the meeting held in Paris on 16 March 2018
The Ad hoc Committee of the Bureau, meeting on Friday 16 March 2018 in Paris with Mr Michele Nicoletti, ! President of the Assembly, in the Chair, as regards: !
Summary of proposals: heard a statement by the Chairperson and held an exchange of views on the replies received to the President's letter dated 24 January 2018. I I Date and place of next meetings ! ! . 26 April 2018 (2 pm), in Strasbourg . 1 June 2018 afternoon, in Zagreb . During the 3"' part-session (25·29 June 2018), in Strasbourg i'
Despina Chatzivassiliou, Valerie Clamer, lsild Heurtin
•• Copy to:
Secretary General of the Parliamentary Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups oHhe Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe ,,