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Uniform interpretation of treaties

Recommendation 454 (1966)

Author(s):
Parliamentary Assembly
Origin
Assembly debate on 27th January 1966 (22nd Sitting) (seeDoc. 2005), report of the Legal Committee). Text adopted by the Assembly on 27th January 1966 (22nd Sitting).

The Assembly,

1. Recalling its Recommendations 231 (1960) and 372 (1963) on the uniform interpretation of European treaties ;
2. Having regard to the fact that Conventions which may be invoked before national judicial and administrative authorities, in particular Conventions whose aim is to unify national legislations, are steadily increasing in number and importance ;
3. Convinced that the aim of these Conventions will not be fulfilled unless their uniform interpretation is ensured ;
4. Considering that, in principle, the uniform interpretation should be ensured by a permanent international body with juris-dictional or consultative competence ;
5. Considering that, pending the realisation of this aim, it is important that the member States of the Council of Europe adopt here and now certain measures designed to facilitate the uniform interpretation and application of conventional provisions,
6. Recommends the Committee of Ministers :
a With regard to Conventions and Agreements already concluded or to be concluded under the auspices of the Council of Europe, to set up a system of exchange of information on decisions rendered by the national judicial and administrative authorities and relating to these Conventions and Agreements, and to extend, in so far as this would seem useful, this system of exchange to Conventions other than those concluded under the auspices of the Council of Europe, which are in force between two or more member States ;
b With regard to Conventions and Agreements to be concluded under the auspices of the Council of Europe :
a to ensure the insertion in these Conventions and Agreements of :
a uniform interpretation clause ;
interpretative clauses relating to their substantive legal terms ;
b to set up for all these Conventions and Agreements a system whereby the Contracting Parties submit to the Secretary General of the Council of Europe periodical reports on the implementation of conventional provisions and containing information on relevant decisions rendered by their judicial and administrative authorities ;
c to set up a European Committee whose terms of reference will be to examine these reports and to formulate conclusions.