6.1 with respect to Albania: the
Assembly welcomes the return of the main opposition parties to the work
of the parliament following the parliamentary elections in 2021.
It calls upon the ruling majority and opposition to overcome the
deep polarisation and systemic political crisis in the country.
The Assembly notes with satisfaction that the parliament has extended
the constitutional deadline for the vetting of all judges and prosecutors
in the country. It takes note of the proposed new judicial map and
encourages all stakeholders to ensure that this new map will not
jeopardise the access of citizens to the justice system. The Assembly
welcomes the fact that all anti-corruption structures are now fully
operational and hopes that this will result in an increased number
of convictions for high-level corruption, which remains a problem.
While welcoming the announcement of the authorities that they intend
to remove the so-called anti-defamation package of amendments from
the agenda of the parliament, it expresses its serious concern about
the deteriorating media environment. It calls upon the authorities
to refrain from any actions and policies that could have a negative
effect on freedom of expression and media freedom in the country;
6.2 with respect to Armenia: referring to
Resolution 2427 (2022),
the Assembly welcomes the marked progress in the democratic development
of Armenia and calls on the authorities to complete the reform of
the electoral framework, to continue the reform of the judiciary
and to strengthen media freedom. The Assembly resolves to continue
to closely follow developments with regard to institutional balances
and the establishment of a democratic culture;
6.3 with respect to Azerbaijan: the Assembly welcomes the
authorities’ declared commitment to political dialogue but regrets
that, in general, the situation in Azerbaijan has not improved and
that a number of concerns with regard to the rule of law, pluralist
democracy and human rights remain unaddressed. They include serious
concerns with regard to the independence of the judiciary, media freedom
and freedom of expression, freedom of association and political
freedom, as well as allegations of torture and ill-treatment by
law-enforcement officials and unsatisfactory detention conditions;
6.4 with respect to Bosnia and Herzegovina: the Assembly takes
note of the holding of general elections and calls on the elected
officials to proceed without delay with the formation of institutions
at State and entity level and to adopt the critical reforms called
upon by the European Union, the Group of States against Corruption
(GRECO) and the Organization for Security and Co-operation in Europe (OSCE).
The Assembly also calls on the newly constituted authorities to
undertake the constitutional and electoral reforms to bring the
constitution into line with the European Convention on Human Rights
(ETS No. 5), complying with the Sejdić and Finci group of cases;
6.5 with respect to Georgia: with reference to
Resolution 2438 (2022),
the Assembly welcomes the progress made by Georgia in honouring
its obligations and commitments and encourages all political forces
to address the remaining recommendations and concerns expressed
in this Resolution. In that respect it remains concerned about the
extreme political polarisation in the country, which affects the reforms
and stakeholder participation in the reforms needed for further
democratic consolidation and Euro-Atlantic integration of the country.
The Assembly urges the authorities to implement a thorough, independent
evaluation of its reforms of the judiciary with a view to guiding
future reforms to ensure a genuine independent judiciary in the
country. It takes note of recent developments with regard to the media
and concerns expressed in that regard. It encourages the authorities
to take all possible steps to reduce the tensions in the media environment.
The Assembly reiterates its full support for Georgia’s sovereignty
and territorial integrity within its internationally recognised
borders and its concern and condemnation of the illegal occupation
and creeping annexation by the Russian Federation of the Georgian
regions of Abkhazia and Tskhinvali/South Ossetia. It encourages
the authorities to address the 12 recommendations of the European
Union so that it can be given the candidate status for European Union
membership that it rightfully aspires to;
6.6 with respect to Hungary: referring to
Resolution 2460 (2022),
the Assembly recalls its decision of 12 October 2022 to open a monitoring
procedure to address the questions pertaining to the rule of law and
democracy, including the excessive concentration of powers and use
of special legal orders or cardinal laws, which have remained largely
unaddressed. It invites the Hungarian authorities to review their
electoral framework in the light of the 2021 opinion of the European
Commission for Democracy through Law (Venice Commission) and to
improve the media environment, so as to ensure the fairness of the
electoral procedure. It calls on the Hungarian authorities to urgently
revise the National Security Services Act and to repeal the legislation
pertaining to the “dissemination of false information”. Taking note
of the steps taken to improve the functioning of democratic institutions,
strengthen the transparency of the legislative process and improve
the anti-corruption framework, the Assembly strongly encourages the
authorities to seek the expertise of the Council of Europe to ensure
the compliance of these measures with previous Venice Commission
and GRECO recommendations;
6.7 with respect to the Republic of Moldova: the Assembly
acknowledges that the country has faced considerable new challenges
following the outbreak of the war in neighbouring Ukraine, adding
to the pandemic and the energy and economic crisis. It applauds
the Moldovan authorities for their management of the refugee crisis
and the resilience and solidarity shown by the population. The Assembly
calls on the authorities to remain committed to the reforms undertaken
to restore the rule of law and trust in State institutions in consultation
with all stakeholders. It welcomes the constructive co-operation
established with the Venice Commission, in particular for the reform
of the justice system and the prosecution office. It encourages
the authorities to adopt the new Electoral Code in line with the Venice
Commission’s recommendations. The Assembly refers to Resolution
2484 (2023) “The honouring of obligations and commitments by the
Republic of Moldova” and invites the authorities to implement it;
6.8 with respect to Poland: the Assembly underscores the exemplary
role played by the country in the context of the Russian aggression
against Ukraine, and the extensive assistance provided to that country,
including by hosting more than 1.4 million Ukrainian refugees on
its territory. At the same time, the Assembly remains seriously
concerned with regard to the independence of the judiciary and with
the adherence of the judicial system with European rule-of-law standards
and norms. It is deeply concerned about the judgments of the Constitutional
Tribunal that considers Article 6 (right to a fair trial) of the European
Convention on Human Rights incompatible with the Polish Constitution
under certain conditions. The Assembly reiterates its position that
these judgments are an unacceptable challenge to the supremacy of
the Convention and run counter to the obligation of all member States
to fully implement the Convention and judgments of the European
Court of Human Rights. It calls upon the Polish authorities to unconditionally
execute the judgments of the Court, including by amending the constitution
if necessary. The Assembly considers that the lack of independence
of the National Council of the Judiciary is a key obstacle for the
country to meet its rule-of-law commitments and calls for the reform
of the National Council of the Judiciary in line with Venice Commission
recommendations;
6.9 with respect to Serbia: the Assembly welcomes the adoption
in January 2022, by referendum, of the constitutional amendments
to depoliticise the judiciary and the preparation of subsequent
secondary legislation for their implementation in co-operation with
the Venice Commission. It encourages the Serbian authorities to
take the Venice Commission’s recommendations fully into account.
The Assembly welcomes the adoption of amendments to the electoral
legislation and the election of a more pluralistic parliament in
April 2022 but urges the authorities to address long-standing issues
such as access to media, campaign finance and pressure on voters,
and to adopt measures to allow for the public scrutiny and audit
of voter lists. Concerning the fight against corruption, the Assembly
welcomes the progress noted by GRECO, notably the adoption of a
code of conduct for parliamentarians. It encourages the authorities
to adopt an anti-corruption strategy and address the deficiencies
in corruption prevention among persons with senior executive functions.
The Assembly remains concerned about the level of violence against
journalists and the media environment. Recalling the difficulties
faced by the organisers of the EuroPride parade in September 2022,
the Assembly urges the authorities to fully ensure freedom of assembly.
In addition, the Assembly expects the Serbian authorities to continue
the peaceful dialogue with Kosovo
Note with a view
to solving all outstanding issues;
6.10 with respect to Türkiye: recalling
Resolution 2459 (2022), the Assembly
welcomes the decrease of the electoral threshold from 10% to 7%.
However, it reiterates its concerns regarding the overall electoral
environment, including electoral amendments adopted in April 2022
in light of the
June
2022 opinion of the Venice Commission, the state of freedom
of expression and the media, the independence of the judiciary and
the pending procedure aimed at closing the second largest opposition
party, the Peoples’ Democratic Party (HDP). It calls on the Turkish
authorities to put an end to the arrests of journalists and civil
society activists, which further undermine the exercise of democratic
rights. Concerning the implementation of the judgments of the European
Court of Human Rights, it calls on the Turkish authorities to ensure
the implementation of the Kavala judgment, his release and the release
of his co-defendants. It strongly encourages the Turkish authorities
to co-operate with the Venice Commission to ensure the compliance
of the legal and constitutional framework with Council of Europe standards
and to implement its recommendations and, at the very least, to
implement the electoral legislation in a spirit that will be conducive
to ensuring a level playing field;
6.11 with respect to Ukraine: the Assembly notes that as a
result of the Russian Federation’s military aggression, no normal
monitoring of obligations and commitments can take place. It lauds
the Ukrainian authorities for their considerable efforts to ensure
the continuing functioning of the democratic and rule-of-law institutions,
in spite of the challenging situation caused by the war. In that
respect, the Assembly welcomes the ratification of the Council of
Europe Convention on Preventing and Combating Violence against Women
and Domestic Violence (CETS No. 210, “Istanbul Convention”) on 18
July 2022. While welcoming the reforms and legislative initiatives
that are being implemented, also in support of its European Union
candidate status, the Assembly urges the authorities to ensure,
notwithstanding the difficult situation, democratic and rule-of-law
norms and principles are maintained as much as possible. The Assembly
encourages the monitoring co-rapporteurs for Ukraine to continue
to closely follow these developments.
