Amendment of various provisions of the Assembly's Rules of Procedure

Resolution 895 (1988)

Author(s):

Parliamentary Assembly

Origin

See Doc. 5823, report of the Committee on Rules of Procedure. Text adopted by the Standing Committee, acting on behalf of the Assembly, on 23 March 1988.

Thesaurus

The Assembly,

1. Having regard to Resolution 852 (1985) on the revision of the Rules of Procedure of the Assembly;

2. Considering that it is appropriate to conduct a preliminary review of the application of the new or amended provisions of the Rules of Procedure in force since 1 January 1986, and to adjust such of them as have not given complete satisfaction or have given rise to difficulties,

3. Resolves to amend the Assembly's Rules of Procedure as follows. these changes to come into force at the opening of the 40th Ordinary Session of the Assembly (2 May 1988).

N.B. The amended or new texts are printed in italics.

Rule 6

Examination of credentials

1 to 5.a. (Unchanged)

5.b. The Committee on Rules of Procedure shall report to the Assembly within twenty-four hours if possible.

Its report shall be examined by the Assembly within twenty-four hours after its tabling has been recorded.

6. (Unchanged)

Rule 9

Election of the Bureau [(1) See Statute of the Council of Europe, Article 28.a and c.ii.]

1. No Representative may stand as a candidate for the office of President and no Representative or Substitute for the office of Vice-President unless he has been nominated in writing by three or more Representatives or Substitutes before the opening of the first ballot. [(2) See also Rule 35.5, paragraph 5, below.]

2 to 9. (Unchanged)

Rule 14

Register of questions submitted to the Assembly

1 and 2. (Unchanged)

3. The Assembly may remove a question from its register:

a at the request of the committee to which it was referred;

b if the committee to which it was referred has not reported within four years of its referral.

Rule 28

Debate and examination of texts

1. (Unchanged)

2. This report shall be distributed [(3) If the Assembly is not in session. the date of 'distribution-is that of the postmark. During sessions, it is that of the distribution order signed by the Clerk of the Assembly.] at least two weeks before the opening or resumption of the session. If the committee is unable to complete its examination of a report in time, it may decide, by a two-thirds majority, to distribute a provisional report as an Assembly document. [(4) See also Rule 23 above.] Failing distribution of the report or provisional report within the time-limit of two weeks, and except if urgent procedure has already been requested in accordance with Rule 48 below, the President shall order the debate to be postponed until a later part-session, if at least five members of the Assembly so request.

3 and 4. (Unchanged)

Rule 30

Amendments and sub-amendments

1. Any Representative or Substitute may propose amendments and sub-amendments. However, a rapporteur may not, even in a personal capacity, propose an amendment previously rejected by the committee on whose behalf he is reporting.

2 to 9. (Unchanged)

Rule 32

Right to speak

1 to 4. (Unchanged)

5. Members of the Committee of Ministers [(5) See Statute of the Council of Europe, Article 27 and Rule 50, paragraph 1, below.]and rapporteurs on a question under discussion shall be allowed to speak whenever they wish.

6 and 7. (Unchanged)

Rule 35

Methods of voting

1 to 4. (Unchanged)

5. In the case of appointments, voting shall take place by secret ballot. Only those ballot papers bearing the names of persons who have been duly entered as candidates before the opening of the first ballot shall be taken into account for the purpose of calculating the number of votes cast. [(6) See also Regulations relating to the appointment of the Secretary General, Deputy Secretary General and Clerk of the Assembly.]

Rule 45

Procedure in committee

1 to 6. (Unchanged)

7. Those candidates who obtain the absolute majority of the votes cast on the first ballot shall be declared elected. [(7) Only ballot papers bearing the names of persons qualified for election shall be taken into account for the purpose of calculating the number of votes cast (Rule 35, paragraph 5, of the Rules of Procedure).] On the second ballot the election shall be by relative majority. [(8) Should several ballots be necessary, only candidates nominated before the opening of the first ballot shall be taken into account (Rule 35, paragraph 5 of the Rules of Procedure).] In the case of a tie, there shall be a third ballot; in the case of a renewed tie, the candidate senior in age shall be declared elected. The Vice-Chairmen shall take precedence in accordance with the order in which they have been elected and, in the event of a tie or election without ballot, by age.

8 to 15. (Unchanged)

16. Committee meetings shall be held in private, unless a committee decides otherwise in a particular case. Unless a committee decides to the contrary, Representatives and Substitutes may attend meetings of the committee of which they are not members, but they may not take part in their discussions.

A Representative or Substitute who has moved a motion which has been referred to a committee shall, however, be invited by that committee to take part in its discussions in an advisory capacity.

The conditions in which any person who is not a Representative or Substitute may be heard by a committee shall be decided by that committee. (Second sentence deleted)

(Remainder of paragraph 16 unchanged)

17 and 18. (Unchanged)

Rule 47

Reports of committees

1 to 7. (Unchanged)

8. If a committee decides to have one of its reports examined by the Standing Committee, all members of the Assembly shall be so informed and placed in possession of that report not less than three weeks before the meeting of the Standing Committee. They may request, while stating their reasons, that the report be discussed in plenary Assembly and any such request shall be granted if submitted a clear week before the meeting of the Standing Committee by at least five members or by the Chairman of a political group on the group's behalf.

9. (Unchanged)