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Application by the Czech Republic for membership of the Council of Europe

Opinion 174 (1993)

Author(s):
Parliamentary Assembly
Origin
Assembly debate on 29 June 1993 (39th Sitting) (see Doc.6855, report of the Political Affairs Committee, Rapporteur: Mrs Lentz-Cornette; Doc.6884, opinion of the Committee on Legal Affairs and Human Rights, Rapporteur: Mr Schiesser; and Doc.6885, opinion of the Committee on Relations with European Non-Member Countries, Rapporteur: Mr Brito). Text adopted by the Assembly on 29 June 1993 (39th Sitting).
Thesaurus
1. On 1 January 1993, the Czech and Slovak Federal Republic (CSFR), a member state of the Council of Europe since 21 February 1991, ceased to exist. On that same day, the Government of the Czech Republic, one of the two states to emerge from the former federation, indicated that it wished to join the Organisation.
2. The Assembly has received from the Committee of Ministers a request for an opinion on the Czech Republic's accession to the Council of Europe (Doc. 6737), in pursuance of Statutory Resolution (51) 30 A adopted by the Committee of Ministers on 3 May 1951.
3. It notes that the constitutional act on dissolution of the CSFR was adopted by the former Federal Assembly, democratically elected by universal suffrage in a free and secret ballot organised on 5 and 6 June 1992. It further notes that the Czech National Council and the Slovak National Council, the legislative assemblies of the two republics constituting the then CSFR, were also elected in this ballot.
4. The Assembly notes that the new Czech Constitution, which makes the new republic a state ruled by law, came into force on 1 January 1993, and that the Charter of Rights and Fundamental Freedoms, adopted by the Federal Assembly of the CSFR on 9 January 1991, is part of the constitution.
5. The Assembly welcomes the commitment to Europe expressed by the Czech Parliament in its declaration of 27 November 1992 on the Czech Republic's intention of joining the Council of Europe.
6. It appreciates the contribution made to its work by the Czech Parliament since the latter was accorded special guest status on 15 January 1993.
7. It attaches great importance to the Czech authorities' commitment to signing and ratifying the European Convention on Human Rights and its additional protocols, and to recognising the right of individual application to the European Commission of Human Rights (Article 25 of the Convention), as well as the compulsory jurisdiction of the European Court of Human Rights (Article 46). It also notes with satisfaction that the Czech Republic has considered itself bound by the Convention since 1 January 1993.
8. It asks the Czech authorities to base their policy regarding the protection of minorities on the principles laid down in Recommendation 1201 (1993) on an additional protocol on the rights of national minorities to the European Convention on Human Rights.
9. It attaches great importance to the political implications of the obligations arising from membership of the Council of Europe with regard to the solving of problems by means of political dialogue. Membership also implies readiness to settle by dialogue and negotiation any question arising in the relationship between member states.
10. The Assembly considers that the Czech Republic is both able and willing:
10.1 to respect the provisions of Article 3 of the Statute, which states that: "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";
10.2 to play a sincere and effective part in achieving the aims of the Council of Europe, as set forth in Chapter I of its Statute, thereby fulfilling the conditions for membership, as specified in Article 4 of the Statute.
11. The Assembly accordingly recommends that, at its next meeting, the Committee of Ministers:
11.1 i.invite the Czech Republic to become a member of the Council of Europe;
11.2 ii.allocate the Czech Republic seven seats in the Parliamentary Assembly.