Council of Europe Conseil De L'europe Committee Of
Total Page:16
File Type:pdf, Size:1020Kb
COUNCIL CONSEIL OF EUROPE DE L'EUROPE COMMITTEE OF MINISTERS CONFIDENTIAL CM/Del/Concl(93) 484ter and 484quater Conclusions of the 484ter Meeting of the Ministers' Deputies held in Strasbourg on 8 January 1993 The Conclusions of the 484quater meeting of the Ministers' Deputies held in Strasbourg on 13 January 1993 are reproduced at the end of this volume. Strasbourg 484ter meeting - 8 January 1993 - i - CM/Del/Concl(93)484ter SUMMARY Page List of those present 1 Introduction 3 1. Adoption of the Agenda and of the Order of Business 5 2. Relations between the Council of Europe, the Czech Republic and the Slovak Republic, after the dissolution of the Czech and Slovak Federal Republic 7 3. Steering Committee for Human Rights (CDDH) - Draft Recommendation No R(93)1 of the Committee of Ministers to member States on effective access to the law and to justice for the very poor and draft Explanatory Memorandum thereon 27 4. Staff Salaries - Coordinating Committee on Remuneration (CCR) - Adjustment of remuneration of the staff of the Coordinated Organisations - 14th Report 29 5. Coordinating Committee on Remuneration (CCR) - Pension scheme: Rate of contribution 15th report 33 6. Strengthening the European Convention on the suppression of terrorism - Assembly Recommendation 1170 (1991) Fight against international terrorism in Europe - Assembly Recommendation 1199 (1992) 39 7. Communication from the Secretary General 43 APPENDICES APPENDIX 1 484ter MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 8 (10 am) January 1993 - A level AGENDA AND ORDER OF BUSINESS al APPENDIX 2 Recommendation No R(93)1 of the Committee (item 3) of Ministers to member States on effective access to the law and to justice for the very poor a3 APPENDIX 3 Resolution (93) 1 on revision of the regulations (item 4) governing staff salaries and allowances a7 APPENDIX 4 Resolution (93) 2 on remuneration of specially (item 4) appointed officials a9 484ter meeting - 8 January 1993 CONFIDENTIAL - 1 - CM/Del/Concl(93)484ter The 484ter meeting of the Ministers' Deputies opened at A level on Friday, 8 January 1993 at 10 am under the chairmanship of Mr. N. Marshall, Deputy for the Minister for Foreign and Commonwealth Affairs of the United Kingdom. PRESENT AUSTRIA Mr H. Winkler Vice-Chairman BELGIUM Mr H. Fonder BULGARIA Mr S. Raev Mr M. Milouchev CYPRUS Mr C. Papademas DENMARK Mrs M-L. Overvad Mr J. Faerkel FINLAND Mr H. Rotkirch Mr P. Hyvönen FRANCE Mrs D. de Boisjolly-Hoyet GERMANY Mr K-H. Neukirchen Mr K. Praller GREECE Mr G. Coptsidis Miss N.N.E. Vraïla HUNGARY Mr J. Perenyi Mrs J. Jozsef ICELAND - IRELAND Mr J. Morahan ITALY Mr D. Vecchioni Mr G. Raimondi LIECHTENSTEIN Mr J. Wolf LUXEMBOURG Mr P. Faber MALTA - NETHERLANDS Mr J.S.L. Gualtherie Van Weezel Mr A. Bijlsma NORWAY Mr S. Knudsen Mrs S.G. Eriksen CONFIDENTIAL CM/Del/Concl(93)484ter - 2 - POLAND Mr J. Regulski Mr J. Wereszczynski PORTUGAL Mr G.A. de Santa Clara Gomes Miss M.J. Morais Pires SAN MARINO Mr G. Ceccoli Miss M. Faetanini SPAIN Mr E. Artacho Castellano Mr M. Hernandez Ruigomez SWEDEN Mrs I. Larsson Mr B. Hedberg Mrs A.K. Eneström SWITZERLAND Mr Y. Moret Mr J.-P. Villard TURKEY Mr C. Altan Mr Y. Belet UNITED KINGDOM Mr N.H. Marshall, Chairman Mr J. Jamieson Mr A. Staunton 484ter meeting - 8 January 1993 CONFIDENTIAL - 3 - CM/Del/Concl(93)484ter At the start of the meeting the Chairman, referring to relations between the Council of Europe and OECD, congratulated the Representative of Hungary, who was Chairman of the Council of Europe liaison Committee for the two organisations, for taking the initiative of organising a meeting with the counterpart OECD Liaison Committee, the first to be held since July 1990. The meeting had been scheduled for 5 February 1993 so as to coincide with the Parliamentary Assembly session. The timetabling would enable the OECD Ambassadors to follow the proceedings of the Assembly, which was, moreover, entitled, under the agreement reached by the two organisations in 1962, to appoint a delegation to attend the meeting of the Liaison Committees. The agenda for the meeting would be devoted to a review of the two organisations' activities in Central and Eastern Europe and to the issue of human rights in connection with the procedure for the accession of Central and Eastern European countries to the Council of Europe. The Representative of Hungary thanked the Chairman for his kind words. The Chairman then informed the Deputies that a ceremony would be held at 12.15 pm to mark the departure of Ambassador Faber, Permanent Representative of Luxembourg; at the close of the ceremony the traditional "family photograph" would be taken. 484ter meeting - January 1993 CONFIDENTIAL - 5 - CM/Del/Concl(93)484ter Item 1 1. ADOPTION OF THE AGENDA AND OF THE ORDER OF BUSINESS Decision The Deputies adopted the agenda for their 484ter meeting (8 January 1993 - A level), as it appears at Appendix 1 to these Conclusions. 484ter meeting - January 1993 CONFIDENTIAL - 7 - CM/Del/Concl(93)484ter Item 2 2. RELATIONS BETWEEN THE COUNCIL OF EUROPE, THE CZECH REPUBLIC AND THE SLOVAK REPUBLIC, AFTER THE DISSOLUTION OF THE CZECH AND SLOVAK FEDERAL REPUBLIC (Concl(92)484bis/47, CM(92)238, Misc(92)94, CM(93)1 and 2) The Chairman drew his colleagues' attention to the particular nature of the requests for accession made by the Czech Republic and the Slovak Republic, since Czechoslovakia, the dissolution of which on 31 December 1992 was the origin of these two applications, had already been a member of the Council of Europe. He nevertheless believed that it was important for the usual accession procedures to be fully complied with. Referring to Notes No 9511 and Addendum, he said that two major issues would have to be decided by the Deputies: was the Committee of Ministers to transmit the two requests for accession to the Parliamentary Assembly for an opinion, and, if so, how was the request for accession to various Council of Europe Conventions to be dealt with? He proposed that the document drawn up by the Directorate of Legal Affairs be examined point by point. The Representative of Austria said that the Deputies could decide, either at the present meeting or on 13 January, to transmit the two requests for accession to the Parliamentary Assembly. Where the Conventions were concerned, particularly the European Convention on Human Rights, the Deputies' decisions should take effect on 1 January 1993, ie retroactively. His government was in favour of maintaining contact with both applicant states, both in the Council of Europe and at bilateral level. It was necessary to comply with the usual Council of Europe procedures and rules, and the document drawn up by the Directorate of Legal Affairs was a good basis for deciding on both the question of maintaining contact and the matter of accession in compliance with the rules of the Council of Europe. He was prepared to accept both the entry into force of the Conventions in respect of these two countries with retroactive effect and their provisional application, as had been the case for Croatia and Slovenia after the dissolution of Yugoslavia. CONFIDENTIAL CM/Del/Concl(93)484ter - 8 - Item 2 It was necessary both to take a decision to recognise the two States and to maintain, as far as possible, co-operation with both, without taking a general decision in this respect. It was preferable for this co-operation to take place on an ad hoc basis and to be highly flexible. He hoped that both States would become members of the Council of Europe by May or in the near future. The Representative of Switzerland said that the Czech and Slovak Republics could accede rapidly, and that the procedure could be speeded up to this end. Both States' requests for accession would have to be transmitted to the Parliamentary Assembly immediately for an opinion. Where the Conventions were concerned, he took a flexible approach and subscribed to the conclusions of the Directorate of Legal Affairs as set out on page 7 of document CM(92)238. Where the European Convention on Human Rights in particular was concerned, in the event of problems arising for the two States during proceedings before the organs of the Convention in respect of which of the two was concerned by an application submitted, the matter should be referred to the Commission of Human Rights. Thus he was generally in favour of the conclusions presented by the Directorate of Legal Affairs, but wondered whether observer status would be appropriate for participation in the meetings of the intergovernmental committees in which both states showed an interest. The Representative of Poland said that his government supported the two States' accession to the Council of Europe. He hoped that they would be able to participate, as observers, in meetings of the Committee of Ministers from January onwards. The Representative of Italy was in favour of the immediate transmission of both requests for accession to the Parliamentary Assembly for an opinion and considered that the conclusions of the document drawn up by the Directorate of Legal Affairs represented a good compromise between the requirements for both a speedy accession procedure and compliance with the usual rules of the Council of Europe. The Chairman said that if the Deputies decided to transmit the two States' requests for accession to the Parliamentary Assembly, the message from the Committee of Ministers ought not to appear in a letter, but should be in the Resolution transmitting the requests. The Representative of Sweden agreed that the request for the Parliamentary Assembly's opinion should be accompanied by the observations of the Committee of Ministers, as had been the case in respect of the Baltic States.