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The rule of law in Council of Europe member States: upholding the authority of the Parliamentary Assembly’s recommendations

Motion for a resolution | Doc. 12252 | 10 May 2010

Ms Marieluise BECK, Germany, ALDE ; Ms Angelika GRAF, Germany, SOC ; Mr Andreas GROSS, Switzerland, SOC ; Ms Ana GUŢU, Republic of Moldova, ALDE ; Mr Joachim HÖRSTER, Germany, EPP/CD ; Mr Shpëtim IDRIZI, Albania, ALDE ; Ms Kateřina JACQUES, Czech Republic ; Mr Michael Aastrup JENSEN, Denmark, ALDE ; Mr Tom KOENIGS, Germany, ALDE ; Mr Franz Eduard KÜHNEL, Austria, EPP/CD ; Ms Kerstin LUNDGREN, Sweden ; Mr Bernard MARQUET, Monaco, ALDE ; Mr Dick MARTY, Switzerland, ALDE ; Mr Akaki MINASHVILI, Georgia, ALDE ; Mr Jørgen POULSEN, Denmark, ALDE ; Mr Andrea RIGONI, Italy, ALDE ; Mr Amadeu ROSSELL TARRADELLAS, Andorra, ALDE ; Ms Marina SCHUSTER, Germany, ALDE ; Mr Scott SIMMS, Canada ; Ms Chiora TAKTAKISHVILI, Georgia, ALDE ; Mr Joan TORRES PUIG, Andorra, ALDE ; Mr Andrej ZERNOVSKI, ''The former Yugoslav Republic of Macedonia'', ALDE

The Parliamentary Assembly regularly addresses recommendations to the Committee of Ministers and to member states regarding different aspects of the rule of law:

  • functioning of the judiciary (in particular independence, fairness of criminal trials, fight against corruption);
  • particular challenges stemming from such issues as the fight against terrorism, the protection of state secrets and different aspects of co-operation with the European Court of Human Rights.

The Assembly stresses the importance of the parliamentary dimension as regards measures needed to ensure compliance with the standards of the Council of Europe. It is up to parliaments to:

  • adopt legislation needed in order to implement reforms required to improve the protection of human rights and the rule of law;
  • supervise the implementation of legislation adopted in order to implement Council of Europe standards;
  • scrutinise any serious shortcomings and violations by executive authorities, making use of available mechanisms of parliamentary enquiry and investigation.

The parliamentary dimension is also important at the European level. In view of the dual mandate of its members at the national and European levels, the Assembly has an important role to play in ensuring compliance with European standards.

In view of the above, the Assembly resolves to improve the follow-up given to its recommendations and to step up its activities aimed at assessing their impact and ensuring their effective implementation.