Modification of the Assembly’s Rules of Procedure on alternative arrangements for the organisation of Parliamentary Assembly part-sessions
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 20 November 2020 (see Doc. 15178, report of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, rapporteur: Mr Frank Schwabe).
1. The Covid-19
pandemic created an exceptional institutional situation and disrupted
the order of business of the Parliamentary Assembly. Since January
2020, the Assembly has no longer been able to meet in plenary session.
Some work, in particular the examination of committee reports or
the exchange of views with the presidency of the Committee of Ministers,
has been devolved to the Standing Committee, whose representativity
is, however, limited. Also, the Assembly is bound by statutory or
conventional obligations to perform certain electoral functions,
which it has been obliged to postpone, but which it can no longer
defer.
2. The Assembly was able to react quickly and effectively, as
from April 2020, to maintain the activity of its bodies and enable
its members, who have been unable to travel because of health restrictions
or measures decided by member States, to fulfil, at least partly,
their mandate. The Bureau has introduced complementary working methods
for committees on a temporary basis, which also apply to the Bureau
and the Standing Committee, to enable them to hold remote meetings.
3. However, the Assembly must ensure its continuity of action
as a pan-European forum for interparliamentary dialogue, which is
based on its capacity to be the privileged forum for bilateral and multilateral
exchanges in greater Europe. As one of the two statutory organs
of the Council of Europe with decision-making power, it intends
to affirm its willingness to restore its normal mode of operation
as soon as possible and to hold its ordinary sessions in the physical
presence of its members, thus being better able to fully guarantee
the deliberative nature of its functions. The Assembly therefore
urges the governments of the Council of Europe member States to
facilitate, as far as possible, the travel of its members in order
to enable them to fulfil their parliamentary obligations.
4. In view of the uncertainty as to the conditions for organising
its 2021 session, the Assembly considers that it should, in such
exceptional circumstances, have recourse to alternative procedures
enabling it to meet in a hybrid manner or remotely. These possible
alternative arrangements for the organisation of the Assembly’s part-sessions
should also enable it to honour its statutory or conventional obligations
by electing judges to the European Court of Human Rights and highest
officials of the Council of Europe at the January 2021 part-session.
5. The Assembly considers that the adaptations to its Rules of
Procedure must be limited to what is strictly necessary for the
holding of a part-session in a hybrid or remote manner linked to
the exceptional nature of the current pandemic situation, while
considering that such alternative procedures could be applied in
the future in any other context, strictly linked to the existence
of exceptional circumstances which do not permit the holding of
a part-session under normal conditions, namely in the physical presence
of all members.
6. The Assembly retains the general principle that the existing
rules governing its normal functioning, in particular the conduct
of part-sessions and sittings of the Assembly and meetings of its
committees, Standing Committee and Bureau, shall fully apply when
these are held in a hybrid manner or remotely, unless specifically provided
otherwise. The organisation and holding of hybrid or remote plenary
sittings and meetings shall comply with a number of general principles:
the democratic, orderly and inclusive functioning of sittings; equal rights
of members and delegations; transparency; and safety.
7. The Assembly shall decide on the number and duration of part-sessions
which it may hold in a hybrid manner or remotely, in accordance
with Article 32 of the Statute of the Council of Europe (ETS No.
1) and Rules 1 and 4 of its Rules of Procedure, taking into account
the particularities of these modes of meeting and the constraints
relating to their organisation.
8. Consequently, the Assembly decides to include a new part in
its Rules of Procedure (placed after Part XIV) devoted to the provisions
governing the organisation, in exceptional circumstances, of part-sessions
of the Assembly and meetings of committees, the Bureau and the Standing
Committee in a hybrid or remote manner.
8.1 Hybrid or remote Assembly
sessions
“1. In exceptional
circumstances which do not allow a part-session to be held under
normal conditions, namely in the physical presence of all members,
the Bureau of the Assembly may convene a part-session to be held
in a hybrid manner (combined remote and in-person participation
of members) or by electronic means of remote communication. The
initiative to convene such a part-session may be taken by the President
of the Assembly, by the Presidential Committee or at the request
of at least one third of the national delegations representing at
least half of the members of the Assembly. It is for the Bureau
to determine the existence of exceptional circumstances and to decide
in which manner the part-session shall be held (in a hybrid manner or
by electronic means of remote communication). The decision of the
Bureau shall be taken by a simple majority of the votes cast with
a quorum of one third of the members.
2. Exceptional circumstances refer to events such as armed
conflict or acts of war, acts of terrorism, disturbances of public
order of a political or social nature (riot, insurrection), a major sanitary
crisis, a pandemic or epidemic, or a natural, environmental or technological
disaster, which, by their unusual scale and gravity, are likely
to expose members of the Assembly to direct and immediate danger
or potential risk, likely to endanger their safety, security or
health, or to be a serious impediment to their travel to the seat
of the Council of Europe.
3. When drawing up the draft agenda for a part-session
to be held in a hybrid manner or remotely, in accordance with Rule
27.3, the Bureau shall fix its dates and duration, taking
account of organisational and technical constraints.
4. The existing rules governing the functioning of the
Assembly shall fully apply to part-sessions and sittings of the
Assembly held in a hybrid manner or remotely, unless otherwise stipulated
as follows:
- the credentials of representatives and substitutes
shall be transmitted to the President of the Assembly not later
than one week before the opening of a part-session (Rule
6.1); a delegation which fails
to meet this deadline may submit its credentials at the next part-session
or Standing Committee meeting;
- in the event of a challenge
to a delegation’s still unratified credentials (Rules
7.1 and 8.1), the President or Vice-President chairing
a sitting held in a hybrid manner or remotely shall invite those
members who support the challenge to indicate their support by using
the available voting system;
- the participation of substitutes
authorised to sit and vote in place of absent representatives shall
be notified not later than three working days before the opening
of a part-session and shall be for the whole duration of this part-session
(Rules
12 and 40.1);
- with regard to the amendment
procedure (Rule
34):
• amendments shall be tabled at
least two working days before the opening of the sitting concerned
and sub-amendments shall be tabled before the beginning of the sitting preceding
the sitting concerned;
• amendments with a scanned handwritten or an electronic
signature shall be admissible;
• the President or Vice-President chairing a sitting shall
strictly interpret Rule
34.7.a on the consideration of oral amendments;
• members who object to an oral amendment or oral sub-amendment
being taken into consideration shall indicate their position using
the available voting system;
• if a committee has not been able to take a position
on amendments to its report that have been tabled, the floor shall
be given to the rapporteur;
- the application of Rule
29.2 (and Rule
30.2 for committees) on simultaneous interpretation
in sittings in a language other than the official or working languages
shall be suspended;
- the application of Rules
40.4 to 40.8 shall be suspended
with regard to the roll-call procedure as well as the display of
results in the Chamber and the automatic publication of members’
individual votes on the Assembly’s website, if these are not technically feasible;
- when a request is made to ascertain
whether there is a quorum (Rule
42), the President or Vice-President
chairing the sitting shall invite those members who support the request
(at least one sixth of the representatives of the Assembly authorised
to vote, belonging to at least five national delegations) to indicate
their support by using the available voting system;
- members, whether they are seated
in the Chamber in person or connected remotely, shall register on
the list of speakers (Rule
35.2) using the same existing
electronic system; the list of speakers shall be closed 24 hours
before the opening of the sitting concerned;
- the list of speakers called
upon to speak, whether they are only connected remotely, or some
are connected remotely and others are sitting in person, shall be
drawn up in strict compliance with the criteria of political, geographical,
national and gender balance; the President of the Assembly shall
assess the application of these criteria when drawing up the list
of speakers for each debate;
- the speaking time during the
sittings is modified as follows: rapporteurs shall have ten minutes
to present their report and three minutes to reply; members shall
have one minute for questions to guest speakers, the presentation
of an amendment or a procedural motion, or a point of order (speaking
time for speakers, rapporteurs for opinion and committee chairpersons
remains unchanged at three minutes);
- undelivered speeches (Rule
31.2) may only be published
in the verbatim report if the registered speakers who are remotely
connected can report their actual presence during the debate concerned
at the closure of the debate.”
8.2 Hybrid or remote committee
meetings
“In exceptional
circumstances which do not allow committee meetings to be held under
normal conditions, namely in the physical presence of all members,
the Bureau of the Assembly may decide, for a defined period of time,
that committee meetings will be held in a hybrid manner (combined
remote and in-person participation of members) or by electronic
means of remote communication. The decision of the Bureau shall
be taken by a simple majority of the votes cast with a quorum of
one third of the members.
The existing rules governing the functioning of committees
shall fully apply to their meetings held in a hybrid manner or remotely,
unless otherwise stipulated. The second, fourth and fifth sentences
of Rule
47.2 and Rules 47.3 and 47.4 shall not apply. A committee
may take decisions when one fourth of its members are present. For
any decision [footnote], the committees shall use the available
electronic voting system. The Rules on access to and movement and
security within the Council of Europe buildings during sessions
of the Parliamentary Assembly and meetings of Assembly committees
and sub-committees shall apply mutatis mutandis.”
Footnote: “List of decisions concerned:
- appointment
of a rapporteur (Rule
50.1) or a general rapporteur
(Rule 50.7);
- approval of a report and adoption
of the draft text(s) contained therein (Rules
50.2 and 50.5);
- approval of an addendum to
a report (Rule
50.5);
- approval of an opinion and
amendments to a report of another committee (Rule
45.4);
- consideration of amendments
to a report of the committee (Rule
34.9);
- adoption of a motion for a
resolution or recommendation (Rule
25.2);
- setting up of a standing or
ad hoc sub-committee (Rule
49.2);
- election of the chairperson
or a vice-chairperson of the committee (Rules
46 and 47.3);
- removal of the chairperson
or a vice-chairperson of the committee (Rules
55 and 47.3);
- request for urgent procedure
(Rules
51.1 and 52.1) or current affairs debate (Rules
53.2 and 53.6);
- adoption of a declaration;
- request for an opinion from
the Venice Commission;
- recommendation of a candidate
for the post of judge to the European Court of Human Rights;
- decisions on the implementation
of measures taken in the framework of the Code of Conduct for members
of the Assembly;
- request for the opening of
a procedure for monitoring the obligations and commitments of a
member State.”
8.3 Hybrid or remote Bureau and
Standing Committee meetings
“In exceptional circumstances which do not allow a meeting
to be held under normal conditions, namely in the physical presence
of all members, the President of the Assembly may convene a meeting
of the Bureau to be held in a hybrid manner (combined remote and
in-person participation of members) or by electronic means of remote
communication.
The Bureau of the Assembly may decide, in the same circumstances
and for a defined period of time, that the meetings of the Bureau
and the Standing Committee will be held in a hybrid manner (combined
remote and in-person participation of members) or by electronic
means of remote communication. The decision of the Bureau shall
be taken by a simple majority of the votes cast with a quorum of
one third of the members.
For any decision, the Bureau and the Standing Committee
shall use the available electronic voting system.”
8.4 Hybrid or remote Joint Committee
meetings
“In exceptional
circumstances which do not allow a meeting to be held under normal
conditions, namely in the physical presence of all members, the
President of the Assembly may convene a meeting of the Joint Committee
to be held in a hybrid manner (combined remote and in-person participation
of members) or by electronic means of remote communication.”
9. The additional provisions relating to Assembly debates shall
apply in accordance with the provisions set out in paragraph 8.1
above, when the Assembly meets in a hybrid manner or remotely.
10. The Assembly resolves to introduce a
complementary
electoral procedure when it is obliged to meet in a hybrid
manner or remotely and to proceed with the election of judges to
the European Court of Human Rights and the highest officials of
the Council of Europe – Secretary General and Deputy Secretary General, Secretary
General of the Parliamentary Assembly and Commissioner for Human
Rights – as well as the election of the President or Vice-Presidents
of the Assembly.
“1. When exceptional
circumstances do not allow an Assembly part-session to be held under
normal conditions, namely in the physical presence of all members,
and make it impossible to hold an election by secret ballot during
that part-session in accordance with the usual procedure, the Bureau
of the Assembly may decide that the election shall be held by individual
electronic voting or by postal voting, provided that the conditions
of security, confidentiality and accessibility, which it deems necessary,
are guaranteed. The decision of the Bureau shall be taken by a simple
majority of the votes cast with a quorum of one third of the members.
2. This alternative electoral procedure shall ensure the
highest guarantees of transparency, accessibility, security (including
data protection), confidentiality, fairness of the results and full
and unquestionable credibility of the vote. It shall guarantee equal
rights and equal treatment of Assembly members and delegations and
ensure an equal playing field among candidates.
3. Under the same circumstances, the Bureau may decide
that the procedure for electing the President and Vice-Presidents
of the Assembly (Rules
15 and 16),
shall be conducted by secret ballot using the electronic voting
system.
4. Individual electronic voting procedure in elections:
- when
it draws up the draft agenda for a part-session of the Assembly,
the Bureau of the Assembly shall set the date(s) and time(s) of
the election;
- the voting register shall be
established on the basis of the list of Assembly members composing the
Assembly at the relevant part-session (representatives and duly
authorised substitutes for the sitting concerned, as notified within
the prescribed deadline [see paragraph 8.1.4 – not later than three
working days before the opening of the part-session]); they shall
provide the secretariat with their personal e-mail address and mobile
phone number;
- a single voting register shall
be established for all the ballots held on the same day;
- a delegation cannot have more
voting members than it holds seats in the Assembly;
- if a second round of voting
is organised, the voting register shall be established on the same
basis as described above and shall include representatives and duly
authorised substitutes for the sitting concerned, as notified within
the prescribed deadline;
- members shall receive, by e-mail
to their personal mailbox, the curricula vitae of the candidates, as
well as, for the election of a judge, the recommendations of the
Committee on the Election of Judges to the European Court of Human
Rights;
- members shall receive detailed
instructions in advance and shall be notified by e-mail of the opening
of the vote(s); connection to the voting platform shall follow a
secure procedure (typing in a unique code received by e-mail or
by SMS on a mobile phone, as well as a personal e-mail address);
an e-mail shall inform members of the closure of the vote(s);
- in the event of multiple ballots,
the voting operations shall take place simultaneously; members shall
have access to each ballot separately, but they are free to decide
not to vote on one or more ballots;
- once voting has closed, the
results shall be made available to the tellers appointed by the
political groups (one teller per group appointed among its members
in advance of the election);
- the President of the Assembly
shall publicly announce the results of the vote(s) as soon as possible;
these shall be published on the Assembly’s website, together with
the list of members who actually took part in the vote(s);
- technical assistance shall
be provided by the Council of Europe Secretariat to members during the
voting process.
5. Postal voting in elections:
- the Bureau of the Assembly
shall draw up the timetable for the election and the deadlines for
each phase of the operations (including taking into account the
possible organisation of a second round);
- each national delegation shall
decide on the names of the members (representatives and duly authorised
substitutes) who will be entitled to vote in a given ballot and
notify the list of these names to the Secretariat of the Assembly
in order to establish the voting register; a delegation cannot appoint
more voting members than it holds seats in the Assembly;
- the Table Office shall send
to each member thus designated, via the delegation, the postal voting material,
namely ballot papers and envelopes, sworn declarations and return
envelopes, in as many copies as there are members of the delegation
entitled to vote; the Table Office shall use the same international
transport company to send the material to all delegations;
- members shall receive, by e-mail
to their personal mailbox, the curricula vitae of the candidates, as
well as, for the election of a judge, the recommendations of the
Committee on the Election of Judges to the European Court of Human
Rights;
- the ballot papers and envelopes
sent shall be strictly identical for all members and delegations and
shall not bear any distinguishing marks, so as to ensure the complete
confidentiality of the vote;
- each member entitled to vote
shall complete the ballot paper received, place it in the envelope provided
and seal it, and sign the sworn declaration;
- a sealed envelope – in which
all the envelopes containing the ballot papers of the members of the
delegation entitled to vote, as well as their sworn declarations
are enclosed – shall be sent to the President of the Parliamentary
Assembly by an international transport company, under the responsibility
of the speaker of the national parliament concerned, who shall certify
the regularity of the vote at delegation level;
- the opening of the sealed envelopes
and the counting of the votes shall be carried out at the Secretariat
of the Assembly on a date fixed by the Bureau of the Assembly, under
the supervision of tellers appointed by the political groups (one
teller per group appointed among its members in advance of the election)
and physically present in Strasbourg; the tellers shall be responsible
for opening the envelopes and be able to certify that the counting
and tabulation of the results strictly comply with the rules, in
particular those concerning the confidentiality of the vote;
- a sealed envelope in which
the ballot papers of several members of a delegation are enclosed, and
containing more ballot papers than there are names on the delegation
voting list, or more ballot papers that there are sworn declarations
transmitted together, shall result in the annulment of all the votes
of the delegation concerned;
- the President of the Assembly
shall publicly announce the results of the vote as soon as possible; the
results shall be published on the Assembly’s website;
- the voting register shall be
made available to any Assembly member or any candidate on request;
- the above provisions shall
apply to the organisation of a second round.”
11. The Assembly decides that the amendments to the Rules of Procedure
set out in this Resolution shall enter into force upon their adoption.
