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Procedural implications of Parliamentary Assembly Resolution 1600 (2008) on the Council of Europe and its observer states – the current situation and a way forward, and related Assembly texts

Resolution 1699 (2009)

Author(s):
Parliamentary Assembly
Origin
Text adopted by the Standing Committee, acting on behalf of the Assembly, on 20 November 2009 (see Doc. 12072, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr Cebeci).
Thesaurus
1. The Parliamentary Assembly has on many occasions reaffirmed its commitment to developing co-operation with Europe’s neighbouring regions and to contributing to the consolidation of democracy and the promotion of respect for human rights and the rule of law beyond its member states’ borders. This commitment is set out, inter alia, in its Resolutions 1506 (2006) on the external relations of the Council of Europe, 1600 (2008) on the Council of Europe and its observer states: the current situation and a way forward, 1598 (2008) on strengthening co-operation with the Maghreb countries and 1599 (2008) on the situation in the Republics of Central Asia. These texts include, in particular, proposals on how to enhance relations between the Assembly and the relevant parliaments. Furthermore, the Assembly refers to its Resolution 1680 (2009) on the establishment of a “partner for democracy” status with the Parliamentary Assembly, which is a follow-up to Resolutions 1598 and 1599.
2. The Assembly has instructed the Committee on Rules of Procedure, Immunities and Institutional Affairs to report on the consequences for the Assembly’s procedure and practice of the proposals contained in Resolutions 1598, 1599 and 1600 and 1680.
3. The Assembly welcomes the observer states’ contribution to the work of the Council of Europe and particularly to the Assembly’s own activities and would like their involvement to be maintained and reinforced. In this connection, it points out that its will to further the observers’ role and to associate them more fully with its activities resulted, in 2007, in the granting of additional rights.
4. The Assembly considers that strengthening the procedural possibilities for action by observer states and by members of other partner parliaments in the plenary and in committees will enable the Assembly and its members to gain more benefit from their input and support. However, in accordance with the principles of good governance, it considers that members of non-member states’ delegations cannot enjoy rights identical to those of members of the Assembly in the full exercise of their parliamentary prerogatives and functions. This applies in particular to procedures linked to the obligations and responsibilities of members or of their national delegations.
5. Consequently, the Assembly decides to amend its Rules as follows:
5.1 in Rule 35.6:
5.1.1 in the first sentence, replace the word “members” with the words “members of the Assembly or members of special guest, observer or partner for democracy delegations”;
5.1.2 in the last sentence, replace the word “member” with “member of the Assembly or a member of a special guest, observer or partner for democracy delegation”;
5.2 replace the first sentence of Rule 47.5 with the following text:
“Subject to paragraph 6 below, members of special guest, observer and partner for democracy delegations appointed to a committee may participate in its meetings and speak if called by the committee chairperson; they shall not have the right to vote.”;
5.3 replace the first sentence of Rule 59.8 with the following text:
“Members of special guest delegations may participate in committee meetings as provided in Rule 47.5. They may submit to the committee chairperson proposals concerning the draft agenda of committee meetings and proposals for amendments to draft texts examined in these meetings. The committee chairperson shall decide on any further action.”;
5.4 replace the first sentence of Rule 60.4 with the following text:
“Members of observer delegations may participate in committee meetings as provided in Rule 47.5. They may submit to the committee chairperson proposals concerning the draft agenda of committee meetings and proposals for amendments to draft texts examined in these meetings. The committee chairperson shall decide on any further action.”;
5.5 replace Rule 60.5 with the following text:
“The President of the Assembly may invite representatives of parliaments of other non-member states to attend a debate in the Assembly.”
6. The Assembly also decides that the rules related to partner for democracy delegations shall follow the above-mentioned Rules 59.8 and 60.4 related to invited guest delegations and observers.
7. The Assembly decides that these changes shall enter into force upon their adoption.
8. Furthermore, the Assembly recalls that in paragraph 30.7 of Resolution 1600 (2008) the Assembly invited the Bureau of the Assembly to “prepare guidelines, taking into account good practice, on the participation of parliamentary observer delegations in the work of the Assembly, including in the Standing Committee and in committee meetings”. It refers in this respect to the elements for good practice concerning relations with observer, special guest delegations and partner parliaments of non-member states, which are appended to D oc. 12072.