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Complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations

Doc. 15024: collection of written amendments | Doc. 15024 | 29/01/2020 | Final version

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ADraft Resolution

1The Parliamentary Assembly welcomes the intensification of dialogue and contacts with the Committee of Ministers with a view to setting up a complementary joint procedure between the two statutory organs of the Council of Europe in response to a serious violation by a member State of its statutory obligations. It reiterates that such a procedure, in which the two statutory organs and the Secretary General of the Council of Europe participate, will strengthen the Organisation’s ability to react more effectively in situations where a member State violates its statutory obligations and will enhance the impact of any measures to be taken both regarding the member State concerned and the Organisation as a whole.

In the draft resolution, paragraph 1, after the words "the Secretary General of the Council of Europe participate" insert the following words: ", as enshrined in the Statute of the Council of Europe"

2The Assembly refers in this respect to its initial proposal to set up a joint response procedure, in addition to existing procedures, included in Resolution 2277 (2019) and Recommendation 2153 (2019) “Role and mission of the Parliamentary Assembly: main challenges for the future”, adopted in April 2019, and the positive follow-up given in the Decision on “A shared responsibility for democratic security in Europe – Ensuring respect for rights and obligations, principles, standards and values”, adopted by the Committee of Ministers at its 129th Session (CM/Del/Dec(2019)129/2, Helsinki, 17 May 2019). It further recalls its Resolution 2287 (2019) “Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting”, adopted on 24 June 2019, in which it expressed its firm commitment to making this proposal operational as soon as possible.

In the draft resolution, paragraph 2, first sentence, after the words: "a joint response procedure" delete the following words: ", in addition to existing procedures,".

In the draft resolution, paragraph 2, first sentence, after the words: "adopted in April 2019, and" delete the following words: "the positive follow-up given in".

3The Assembly takes note that, on 25 November 2019, Ms Amélie de Montchalin, French Secretary of State for European Affairs, transmitted to Ms Liliane Maury Pasquier, President of the Assembly, a draft decision by the Ministers’ Deputies for the application of Articles 3 and 8 of the Statute of the Council of Europe “which enjoys a very broad support within the Committee of Ministers and could serve as a basis for an agreement with the Parliamentary Assembly”. Referring to the Committee of Ministers extensive work “to define the principles and practical arrangements for the complementary joint reaction procedure” and “the close dialogue with the Parliamentary Assembly”, the French Secretary of State underlined that “the objective is for us, working together, to be stronger and more effective in ensuring that all member States fully honour their commitments and duties”.
4In light of the above-mentioned decisions by the Assembly and the Committee of Ministers, discussions in and between the two statutory organs, at various levels and in various forms, with the participation of the former and current Secretary General of the Organisation, the Assembly resolves that the complementary joint procedure should be credible, predictable, reactive and reversible and governed by the following basic principles:
4.1the primary aim of the complementary joint procedure is to bring a member State, through constructive dialogue and co-operation, into compliance with the obligations and principles of the Organisation, and avoid imposing sanctions;

In the draft resolution, paragraph 4.1, replace the words: "bring a member State, through constructive dialogue and co-operation, into compliance with" with the following words: "to return through constructive dialogue and co-operation, to a situation in which the member State concerned respects;"

In the draft resolution, before paragraph 4.1, insert the following paragraph:

"it recalls that all member States are entitled to participate on an equal basis in the two statutory organs of the Council of Europe, as long as Article 8 has not been applied;"

In the draft resolution, paragraph 4.1, delete the following words: "and avoid imposing sanctions".

4.2this procedure, of an exceptional nature, is complementary to existing rules and regulations, building upon the 1994 Committee of Ministers Declaration on compliance with commitments accepted by member States of the Council of Europe, and its implementation will not require any changes to the Statute. It will not affect existing procedures arising from statutory or conventional control mechanisms, neither will it affect the Assembly’s existing monitoring procedure;

In the draft resolution, paragraph 4.2, after the words: "1994 Committee of Ministers Declaration on compliance with commitments accepted by member States of the Council of Europe," insert the following words: ". It is also complementary to the existing proceedings specified in the Rules of Procedure (Rule 7, Rule 8, Rule 9, Rule 10 and Rule 11)".

In the draft resolution, paragraph 4.2, after the words "existing procedures arising from" insert the following words: "the Statute of the Council of Europe,".

In the draft resolution, paragraph 4.2, delete the following words: ", of an exceptional nature,".

In the draft resolution, at the end of the paragraph 4.2, insert the following words: "as well as the mandates and scopes of powers of the statutory or conventional control mechanisms."

4.3an underlying requirement is the conformity with existing roles and mandates of the two statutory organs, as well as of the Secretary General;

In the draft resolution, at the end of the paragraph 4.3, insert the following words: "as provided for by the Statute of the Council of Europe"

4.4the procedure will address only the most serious violations of fundamental principles and values enshrined in the Statute of the Council of Europe;

In the draft resolution, replace paragraph 4.4 with the following paragraph:

"the procedure will address only new, emerging and the most severe crises, involving the most serious violations of Article 3 of the Statute of the Council of Europe;"

In the draft resolution, at the end of paragraph 4.4, insert the following words: "which include inter alia, questioning the very existence of pluralist democracy, serious human rights violations or contravening fundamental principles of international law. The procedure will be applicable to situations, which existed before and will continue to last after its introduction, without prejudice to the procedures or measures already applied to the specific situation"

4.5the procedure can be initiated by either the Committee of Ministers, the Parliamentary Assembly or the Secretary General, and all three parties will participate in it;
4.6the procedure will include a number of concrete and well-defined steps, with a strict timeframe fixed for each step by common agreement of the three parties;
4.7before taking any decision throughout the process, any of the three parties will consult the other two. The active involvement of the member State concerned in all stages of the process is necessary as the aim of the procedure is to return, through constructive dialogue and co-operation, to a situation in which the member State concerned respects the obligations and principles of the Organisation;
4.8it is a primary responsibility of any member State having violated the statutory obligations to take steps towards resolving the situation;

In the draft resolution, paragraph 4.8, replace the words: "resolving the situation" with the following words: "re-establishing the situation that existed before the violation was committed"

4.9the procedure may ultimately lead to a decision to act under Article 8 of the Statute, which in all aspects lies with the Committee of Ministers, after prior consultation of the Parliamentary Assembly, in line with Statutory Resolution (51)30. The procedure does not preclude the direct implementation by the Committee of Ministers of Article 8, as provided in the Statute; neither does it preclude the possibility for the Assembly to ask the Committee of Ministers, through a recommendation, to directly act under Article 8 of the Statute.
5The Assembly reiterates that the complementary joint procedure can be initiated by either the Committee of Ministers, the Parliamentary Assembly or the Secretary General. As regards initiation by the Assembly:
5.1a motion for recommendation to initiate the complementary joint procedure between the Committee of Ministers and the Parliamentary Assembly in response to a serious violation by a member State of its statutory obligations will be presented in both official languages and signed by at least one fifth of the component members (representatives and substitutes) of the Assembly, belonging to at least three political groups and fifteen national delegations; this will be the only means through which the complementary joint procedure can be initiated by the Assembly;

In the draft resolution, paragraph 5.1, replace the words: "at least three" with the following words: "the majority of".

29 January 2020

Tabled by Mr Oleksii GONCHARENKO, Mr Andrii LOPUSHANSKYI, Mr Dmytro LUBINETS, Ms Lesia VASYLENKO, Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Ms Linda OZOLA

If adopted, amendments 26, 8 falls.

Votes: 38 in favor 110 against 5 abstentions

In the draft resolution, paragraph 5.1, replace the words: "at least one fifth of the component members (representatives and substitutes) of the Assembly, belonging to at least three political groups and fifteen national delegations" with the following words: "at least thirty members of the Assembly, belonging to at least five national delegations".

29 January 2020

Tabled by Ms Yelyzaveta YASKO, Mr Yuriy KAMELCHUK, Mr Serhii SOBOLEV, Ms Yevheniia KRAVCHUK, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA, Ms Yuliia OVCHYNNYKOVA, Mr Dmytro NATALUKHA, Ms Olena KHOMENKO

Falls if amendment 20 is adopted.

Votes: 38 in favor 108 against 4 abstentions

In the draft resolution, paragraph 5.1, replace the words: "at least one fifth" with the following words: "at least one tenth".

5.2as soon as a motion to initiate the complementary joint procedure is tabled, the Committee on Political Affairs and Democracy will be automatically seized for report on this matter. The motion will be published as an official document within twenty-four working hours and immediately forwarded to the chairperson of the Committee on Political Affairs and Democracy who will place the item on the agenda of the following meeting of the committee for the appointment of a rapporteur. The draft report, including a preliminary draft recommendation on whether or not to initiate the complementary joint procedure, will be considered for adoption at the following committee meeting;
5.3the report, including a draft recommendation, will be debated by the Assembly at the part-session which immediately follows its adoption by the committee. It will not be possible to propose a debate under urgent procedure for the initiation of the complementary joint procedure;
5.4with a view to strengthening its legitimacy, the decision by the Assembly to initiate the complementary joint procedure will require a double majority, namely the relevant recommendation will have to be adopted by a majority of two thirds of the votes cast and a number of votes in favour equivalent to at least one third of the total number of members of the Assembly authorised to vote; if at least one of these two conditions is not met, the draft recommendation will be rejected;

29 January 2020

Tabled by Mr Leonid SLUTSKIY, Mr Petr TOLSTOI, Mr Sergey KISLYAK, Mr Igor KAGRAMANYAN, Mr Leonid KALASHNIKOV, Mr Sergey KALASHNIKOV

If adopted, amendments 27, 16, 19 falls.

In the draft resolution, replace paragraph 5.4 with the following paragraph:

"with a view to strengthening its legitimacy, the decision by the Assembly to initiate the complementary joint procedure will require an absolute majority of members of the Assembly authorised to vote;"

29 January 2020

Tabled by Mr Barna Pál ZSIGMOND, Mr Lőrinc NACSA, Mr Zsolt NÉMETH, Mr Attila TILKI, Ms Katalin CSÖBÖR, Ms Mónika BARTOS, Mr Zsolt CSENGER-ZALÁN

If adopted, amendment 19 falls. Falls if amendments 9, 27 are adopted.

Votes: 16 in favor 119 against 13 abstentions

In the draft resolution, paragraph 5.4, replace the words: "equivalent to at least one third" with the following words: "equivalent to at least half".

Explanatory note

The proposed wording would better reflect the exceptional nature of the new complementary procedure that would be used in response to the most serious violation by a member State of its statutory obligations.

29 January 2020

Tabled by Mr Oleksii GONCHARENKO, Mr Andrii LOPUSHANSKYI, Mr Dmytro LUBINETS, Ms Lesia VASYLENKO, Mr Emanuelis ZINGERIS, Mr Eerik-Niiles KROSS, Ms Linda OZOLA

Falls if amendments 9, 27, 16 are adopted.

Votes: 33 in favor 114 against 6 abstentions

In the draft resolution, replace paragraph 5.4 with the following paragraph:

"the decision by the Assembly to initiate the complementary joint procedure will require a majority of the votes cast;"

29 January 2020

Tabled by Ms Yelyzaveta YASKO, Mr Yuriy KAMELCHUK, Mr Serhii SOBOLEV, Ms Yevheniia KRAVCHUK, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA, Ms Yuliia OVCHYNNYKOVA, Mr Dmytro NATALUKHA, Ms Olena KHOMENKO

If adopted, amendments 16, 19 falls. Falls if amendment 9 is adopted.

Votes: 38 in favor 109 against 3 abstentions

In the draft resolution, paragraph 5.4, replace the words: "double majority, namely the relevant recommendation will have to be adopted by a majority of two thirds of the votes cast and a number of votes in favour equivalent to at least one third of the total number of members of the Assembly authorised to vote; if at least one of these two conditions is not met, the draft recommendation will be rejected" with the following words: "a majority of two thirds of the votes cast".

5.5taking into account that such procedure may ultimately lead to a decision to act under Article 8 of the Statute of the Council of Europe and in line with the above-mentioned basic principles, only the most serious violations of fundamental principles and values enshrined in the Statute of the Council of Europe, namely Article 3 of, and the Preamble to, the Statute, can justify the decision of the Assembly to initiate the complementary joint procedure with respect to a member State.

In the draft resolution, paragraph 5.5, replace the words: "fundamental principles and values enshrined in the Statute of the Council of Europe namely Article 3 of, and the Preamble to," with the following words: "Article 3 of the Statute".

6Immediately after any of the parties has initiated the procedure, a meeting of the Chairperson of the Committee of Ministers, the President of the Parliamentary Assembly and the Secretary General will take place, followed by a joint high-level mission to the member State in question, within four weeks of the decision of any of the three parties to initiate the procedure, in order to discuss the concerns that led to the initiation of the procedure and to seek clarification of the situation. They will thereafter report back on the outcome of the mission to the two statutory organs. As regards the follow-up:

In the draft resolution, paragraph 6, replace the first sentence with the following words: "Immediately after the procedure is initiated, a meeting of the Chairperson of the Committee of Ministers, the President of the Parliamentary Assembly and the Secretary General will take place, followed by a joint high-level mission of the three parties of the procedure to the member State in question, with the consent of this State, within four weeks of the decision of the three parties to initiate the procedure, in order to discuss the concerns that led to the initiation of the procedure and to seek clarification of the situation."

In the draft resolution, paragraph 6, first sentence, replace the words "any of the parties has initiated the procedure" with the following words: "the procedure is initiated".

In the draft resolution, paragraph 6, replace the second sentence with the following sentence: "The outcomes of the mission will thereafter be reported back to the two statutory organs."

6.1the President of the Assembly will present to the Bureau of the Assembly the above-mentioned report on the outcome of the joint mission. This report, together with any proposals by the President of the Assembly for the Roadmap to be subsequently developed by the Secretary General of the Council of Europe, will be appended to the Bureau’s progress report and debated by the Assembly in the context of the debate and vote on the Bureau’s progress report;
6.2on the basis of the outcome of the joint mission, if the situation were to be remedied, or significant positive progress made, the Committee of Ministers, having consulted the Assembly and the Secretary General, may decide to terminate the complementary joint procedure; otherwise it will move to the second step of the procedure.

29 January 2020

Tabled by Mr Tiny KOX, Mr Aleksander POCIEJ, Mr Stefan SCHENNACH, Mr Antonio GUTIÉRREZ, Ms Rósa Björk BRYNJÓLFSDÓTTIR

Votes: 112 in favor 24 against 15 abstentions

In the draft resolution, paragraph 6.2, replace the words "otherwise it will move to the second step of the procedure" with the following words: "in any event, the Committee of Ministers should decide on moving to the second step of the procedure not later than four weeks after having consulted the Assembly and the Secretary General."

7Within the following eight weeks, upon proposals by the Committee of Ministers and the Parliamentary Assembly, and after consultations with the member State concerned, the Secretary General will develop and submit to the two statutory organs a Roadmap, co-ordinating the various proposed measures. More specifically:
7.1the Roadmap will contain concrete actions, with strict time frames, which the member State concerned should take, and it will list initiatives and activities proposed and planned by the Committee of Ministers, the Parliamentary Assembly and the Secretary General, such as initiatives and activities proposed and planned by different Assembly committees, by monitoring or advisory bodies of the Organisation or by the Office of the Human Rights Commissioner that would help bringing the member State concerned into compliance with the obligations and principles of the Organisation;
7.2the Bureau of the Assembly will consider the Roadmap at the meeting which immediately follows the submission of the text by the Secretary General. The proposal of the Bureau to approve or reject the Roadmap will be included, together with the Roadmap, in its progress report; the Assembly will have the opportunity to approve or reject the Roadmap in the context of the debate and vote on the Bureau’s progress report;

29 January 2020

Tabled by Mr Tiny KOX, Mr Aleksander POCIEJ, Mr Stefan SCHENNACH, Mr Antonio GUTIÉRREZ, Ms Rósa Björk BRYNJÓLFSDÓTTIR

Votes: 123 in favor 22 against 11 abstentions

In the draft resolution, replace paragraph 7.2 with the following paragraph:

"the Committee on Political Affairs and Democracy, acting on behalf of the Assembly, will consider approving the Roadmap at the meeting which immediately follows the submission of the text by the Secretary General."

7.3if approved by the Assembly, the Roadmap will be examined and adopted by the Committee of Ministers; if rejected, there should be new consultations to revise it.

In the draft resolution, paragraph 7.3, replace the word "if" with the following word "once".

8After the adoption of the Roadmap, the procedure will continue with the implementation of the Roadmap. The implementation of the Roadmap will be conducted in close co-operation with the member State concerned and will be co-ordinated by the Secretary General. More specifically:
8.1the aim will be to engage with the member State concerned in a constructive and co-operative dialogue to help remedy the situation;
8.2in the course of the implementation of the Roadmap, the three parties may agree to make joint public statements;
8.3regular dialogue will take place with the member State concerned, as well as between the Committee of Ministers, the Parliamentary Assembly and the Secretary General in a format to be defined in the Roadmap, including the Joint Committee;
8.4the Assembly will regularly assess the implementation of the Roadmap through the debate on its Bureau’s progress report;

29 January 2020

Tabled by Mr Stefan SCHENNACH, Mr Kimmo KILJUNEN, Mr Boriss CILEVIČS, Mr Tiny KOX, Mr Edmon MARUKYAN, Mr Telmo CORREIA

Votes: 104 in favor 29 against 18 abstentions

In the draft resolution, paragraphe 8.4, after the first sentence, insert the following words: "The Bureau will prepare its assessment relying in, inter alia, the expertise of the relevant monitoring and advisory bodies of the Organisation and the Office of the Human Rights Commissioner, as well as Assembly committees, as neccessary."

8.5if the situation were to be remedied, or significant positive progress made, the Committee of Ministers, having consulted the Parliamentary Assembly and the Secretary General, may decide to terminate the procedure without undue delay;
8.6the implementation of the Roadmap should be foreseen within a total of 9 months of its adoption by the Committee of Ministers.
9If the Committee of Ministers, after consultations with the Parliamentary Assembly and the Secretary General, concludes that there has been no improvement of the situation, and a serious violation of Article 3 by the member State concerned continues to exist, it will move to the final stage of the procedure. More specifically:

In the draft resolution, paragraph 9, replace the words "and a serious violation of Article 3 by the member State concerned continues to exist" with the following words: "and a serious violation of fundamental principles and values enshrined in the Statute of the Council of Europe, namely Article 3 of and the Preamble to the Statute continue to exist".

9.1a decision by the Committee of Ministers based on Article 8 of the Statute will follow;
9.2the prior consultation of the Assembly, in line with Statutory Resolution (51)30, will require the preparation of a report and an Assembly debate with a view to providing the Committee of Ministers with an Opinion on the application of Article 8 of the Statute;
9.3should the member State concerned eventually remedy the situation, bringing it into compliance with the Statute, the Committee of Ministers may, after consultations with the Parliamentary Assembly and the Secretary General, revoke its decision under Article 8. In case of exclusion, the State concerned will have to reapply for membership.
10Any changes required to implement the present resolution will be introduced into its Rules of Procedure through a subsequent resolution to be adopted on the basis of a report by the Committee on Rules of Procedure, Immunities and Institutional Affairs. The complementary joint procedure will enter into force upon adoption of the latter resolution and a decision by the Committees of Ministers along the same lines.

In the draft resolution, paragraph 10, first sentence, after the words "the present resolution", insert the following words: "and to comply with the new procedure as the only legal mechanism to suspend member States from their rights".

In the draft resolution, paragraph 10, after the first sentence, insert the following sentence: "The complimentary procedure does not revoke the 1994 Committee of Ministers Declaration or Rule 10 of the Rules and Procedure of the Assembly."