“Once a list of candidates has been submitted to the Assembly and the deadline set by the Secretary General of the Assembly for the submission of the list has expired, the list cannot be withdrawn or modified by the State concerned on its own initiative. After that date, the State may only modify the list if asked to do so in order to replace a candidate who has withdrawn, as set out below.”
If a candidate withdraws their candidacy after the deadline set by the Secretary General of the Assembly for the submission of the list of candidates but before the Committee on the Election of Judges to the European Court of Human Rights publishes its recommendation, the State shall be invited to replace the candidate who has withdrawn with another candidate, who will have to be assessed by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights and interviewed by the committee, together with the other candidates who remain on the list.
A candidate may not withdraw their candidacy after the publication of the committee’s recommendation. Any purported withdrawal shall not have any impact on the Assembly’s election procedure.”
“for debates in Standing Committee, not later than 24 hours before the start of the Standing Committee.”
1. Submission of candidatures
a. When a vacancy occurs in any of the three senior posts of the Secretariat General, appointments to which are made by the Consultative (Parliamentary) Assembly on the recommendation of the Committee of Ministers, or in the case provided for in clause 8.b below, candidates may be proposed to the Committee of Ministers:
Furthermore, when the post of Secretary General of the Consultative (Parliamentary) Assembly falls vacant, or in the case provided for in clause 8.b, proposals may be submitted to the Committee of Ministers by one or more groups of representatives to the Consultative (Parliamentary) Assembly; they should bear not less than five and not more than ten signatures.
The Secretary General may only propose candidates who are already permanent or temporary members of the Secretariat General.
Candidates from the Secretariat General may also be sponsored by one or more Member Governments, provided that in the case of the Deputy Secretary General or Secretary General of the Consultative (Parliamentary) Assembly, the Secretary General has been previously consulted and has given his/her assent.
b. Member Governments and Assembly representatives shall send their proposals to the Secretary General, who will forward them, together with his/her own, to the Committee of Ministers.
2. Criteria determining the choice of candidates
The following criteria shall determine the choice of candidates:
a. The recruitment of persons of the highest ability and integrity and suitability for the post to be filled.
b. The qualifications and experience of persons already employed by the Council of Europe shall be taken into consideration, so that members of the Secretariat may have reasonable prospects of promotion.
c. The desirability of ensuring an equitable geographical allocation of appointments among nationals of the member states subject to the overriding interests of efficiency. No office in the Secretariat shall be considered to be the prerogative of any particular member state.
3. Preliminary examination of candidatures by the Committee of Ministers
The Committee of Ministers shall examine the list of candidates. The latter may be summoned to an interview by the Committee itself or by a Sub-Committee appointed for the purpose.
4. Consultation of the Assembly by the Committee of Ministers
Before transmitting to the Consultative (Parliamentary) Assembly a recommendation for the appointment of any one of the three senior officials of the Secretariat General, the Committee of Ministers shall consult the Assembly on the subject through the medium of the Joint Committee.
This consultation shall take place, unless otherwise agreed to by the Joint Committee, not less than thirty days before the date of the opening of the [Part-]Session during which the Assembly will be called upon to make the appointment.
5. Nomination of candidates
a. Unless it has been otherwise agreed after discussion in the Joint Committee, the Committee of Ministers shall draw up a list containing at least two names, which shall be submitted to the Assembly.
b. In the case of candidates for the posts of Secretary General and Deputy Secretary General, the Committee of Ministers shall be free to list the names in order of preference, should it so desire.
6. Procedure in the Bureau
The proposals submitted to the Assembly by the Committee of Ministers shall be examined by the Bureau, which may summon candidates to an interview. The Bureau shall then transmit the proposals to the Assembly, indicating, if it thinks fit and where appropriate, its own order of preference and the order of preference of the Committee of Ministers with regard to the candidates.
7. Procedure in the Assembly
a. The Assembly shall proceed to make the appointment.
b. Voting shall be by secret ballot.
c. An absolute majority of the votes cast shall be required at the first ballot and a relative majority at the second.
8. Term of office and possible re-appointment
a. The three senior officials shall henceforth be appointed for a period of five years.
b. Not less than six months before the expiry of the term of any such official, the procedure laid down in the preceding clauses shall be set in motion; the official may be put forward again as a candidate in accordance with clause 1, and his term may always be renewed for a period specified in advance by agreement between the Assembly and the Committee of Ministers in the Joint Committee.
(adopted by the Parliamentary Assembly on 12 March 2010 and by the Committee of Ministers on 24 March 2010)
Having regard to the Statute of the Council of Europe (ETS No. 1), in particular Article 36.b;
Having regard to the Regulations relating to the appointment of the Secretary General, Deputy Secretary General and Secretary General of the Assembly having the rank of Deputy Secretary General which were adopted by the Committee of Ministers in 1956 with the agreement of the Assembly;
Having regard to the proposals for enhanced dialogue and co-operation between the Parliamentary Assembly and the Committee of Ministers, as they appear in document CM (2009)142 and the appendix to Parliamentary Assembly Doc. 12028 Part II;
1. The Committee of Ministers and the Assembly agree that the rules for future elections of the Secretary General need to be clarified in respect of the consultation process between the Assembly and the Committee of Ministers and that the gender equality aspects need to be reinforced.
2. In accordance with Article 36.b of the Statute of the Council of Europe, the election of the Secretary General is a shared responsibility. It is the responsibility of the Committee of Ministers to draw up a list of candidates to be transmitted to the Assembly. It is the responsibility of the Assembly to elect the Secretary General from the candidates included in that list.
3. The criteria for determining the choice of candidates are set out in Article 2 of the Regulations relating to the appointment of the Secretary General. These are:
The recruitment of persons of the highest ability and integrity and suitability for the post to be filled.
The qualifications and experience of persons already employed by the Council of Europe shall be taken into consideration, so that members of the Secretariat may have reasonable prospects of promotion.
The desirability of ensuring an equitable geographical allocation of appointments among nationals of the member states subject to the overriding interests of efficiency. No office in the Secretariat shall be considered to be the prerogative of any particular member state.
In this connection, the Committee of Ministers will interpret the criteria of “highest ability and suitability” in particular by reference to the decision taken at the 117th Ministerial Session (Strasbourg, 10-11 May 2007) whereby the Committee of Ministers agreed to present to the Parliamentary Assembly “candidates who enjoy a high level of recognition, are well-known among their peers and the people of Europe, and have previously served as Heads of State or Government, or held senior ministerial office or similar status relevant to the post”. When assessing candidates against these criteria, the Committee of Ministers will have a merit-based approach and use the appended competence framework it has prepared to that effect (see Appendix 2).
4. With a view to strengthening gender equality aspects, both organs will, taking into account their different responsibilities in the election process, strive to make gender equality a reality, in line with the declaration adopted by the Committee of Ministers at its 119th session in Madrid in May 2009. The Chair of the Committee of Ministers, when calling for candidatures, will strongly encourage member states to put forward candidatures of both sexes. Furthermore, and bearing in mind paragraph 3 above, when the Committee of Ministers draws up its recommendation to be transmitted to the Parliamentary Assembly, it will pay due regard to the desirability of ensuring an equitable gender balance of appointments.
5. In accordance with Article 4 of the Regulations relating to the appointment of the Secretary General, the Committee of Ministers shall consult the Assembly through the medium of the Joint Committee before transmitting the recommendation to the Assembly.
6. The Committee of Ministers shall seek the Assembly's views before drawing up its recommendation. Therefore, consultation of the Assembly by the Committee of Ministers will take place at an early stage of the election procedure through the Joint Committee. It shall include a discussion on all the candidatures proposed by governments. The revised timeframe, which is part of this statement, to accommodate this early consultation, is set out in Appendix 1.
7. After the consultation of the Assembly within the Joint Committee, the Committee of Ministers will decide on the list of candidates to be included in the recommendation to the Assembly, in accordance with its own procedures. This may include voting when drawing up the list of candidates. In this context, it is recalled that Article 20.d of the Statute of the Council of Europe applies to the adoption of the recommendation of the Committee of Ministers to the Assembly in the absence of a consensus.
For a mandate beginning on 1 October of year n:
If only one candidate appears in the recommendation:
If the CM considers that no candidates are suitable to appear in the recommendation or if no agreement is reached in the Joint Committee on the submission of only one candidature in the recommendation:
The Secretary General is responsible to the Committee of Ministers for the work of the Secretariat and provides secretariat and other assistance to the Parliamentary Assembly. She/he represents the values of the Council of Europe to the outside at the highest levels and provides leadership to a culturally diverse Secretariat. The budgets of the Council of Europe amount to approximately € 300 million in 2010.
a) To assess the “suitability for the post” (Regulations):
b) To assess “highest ability” (Regulations):
c) To assess “highest integrity” (Regulations):
(adopted by the Parliamentary Assembly on 23 January 2012 and by the Committee of Ministers on 1 February 2012)
Within the framework of the Statute of the Council of Europe and under the authority of the Secretary General, the Deputy Secretary General supports the Secretary General in the effective, strategic management of the Secretariat, in line with decisions and priorities of the Committee of Ministers.
The above mission shall be carried out in accordance with Committee of Ministers’ Resolution Res(55)29, on the functions of the Deputy Secretary General whereby the Deputy Secretary General shall act as the permanent assistant of the Secretary General in all matters, in supervision of all departments of the Secretariat, except the Secretariat of the Parliamentary Assembly, as well as replace the Secretary General and undertake all his/her duties and responsibilities when he/she is absent or otherwise unavailable.
The Deputy Secretary General carries out additional tasks and leads on priority initiatives as delegated by the Secretary General.
Article 2 of the Regulations relating to the appointment of the Secretary General, Deputy Secretary General and Secretary General of the Assembly having the rank of Deputy Secretary General sets the following criteria for the choice of candidates:
a. The recruitment of persons of the highest ability and integrity and suitability for the post to be filled.
b. The qualifications and experience of persons already employed by the Council of Europe shall be taken into consideration, so that members of the Secretariat may have reasonable prospects of promotion.
c. The desirability of ensuring an equitable geographical allocation of appointments among nationals of the member States subject to the overriding interests of efficiency. No office in the Secretariat shall be considered to be the prerogative of any particular member State.
As regards the equitable gender balance of appointments, reference is made to the joint interpretative statement on the rules and procedures for the future elections of the Secretary General.
a) To assess suitability for the post (experience):
b) To assess highest ability (skills):
c) To assess highest integrity (values):
1. Candidates are invited to submit a short curriculum vitae, according to the template adopted by the Parliamentary Assembly.
2. The government concerned submits the list of three candidates in alphabetical order. The Assembly publishes the list in alphabetical order.
3. The Assembly does not consider lists of candidates where:
In such cases, the Committee on the Election of Judges to the European Court of Human Rights shall decide on a proposal to reject a list of candidates by a majority of the votes cast. This proposal shall be endorsed by the Assembly in the Progress Report of the Bureau of the Assembly and the Standing Committee. The Assembly’s endorsement of the proposal to reject a list entails its definitive rejection; the State concerned is invited to submit a new list. Rejection by the Assembly of the committee’s proposal to reject a list shall entail the referral of the list back to the committee.
4. The Assembly may consider single-sex lists of candidates when the candidates belong to the sex which is under-represented in the Court (i.e. the sex to which under 40% of the total number of judges belong), or in exceptional circumstances where a contracting party has taken all the necessary and appropriate steps to ensure that the list contains candidates of both sexes meeting the requirements of paragraph 1 of Article 21 of the European Convention on Human Rights.
Such exceptional circumstances must be duly so considered by a two-thirds majority of the votes cast by members of the Committee on the Election of Judges to the European Court of Human Rights. If the required majority has not been achieved, the committee shall recommend that the Assembly reject the list concerned. This position shall be endorsed by the Assembly in the Progress Report of the Bureau of the Assembly and the Standing Committee.
5. The following provisions apply to the interview process:
6. The Chairperson or a representative of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights shall be invited by the Chairperson of the Committee on the Election of Judges to explain the reasons for the panel’s views on candidates, during the briefing sessions scheduled before each set of interviews.
7. Once a list of candidates has been submitted to the Assembly and the deadline for the submission of candidatures given by the Secretary General of the Assembly has expired, the list cannot be withdrawn or modified by the State concerned on its own initiative. After that date, the State may only modify the list if asked to do so in order to replace a candidate who has withdrawn, as set out below.
8. If a candidate withdraws their candidacy after the deadline given by the Secretary General of the Assembly but before the Committee on the Election of Judges to the European Court of Human Rights publishes its recommendation, the State shall be invited to replace the candidate who has withdrawn with another candidate, who will have to be assessed by the Advisory Panel and interviewed by the committee, together with the other candidates who remain on the list.
9. A candidate may not withdraw their candidacy after the publication of the committee’s recommendation. Any purported withdrawal shall not have any impact on the Assembly’s election procedure.
Article 20
Number of judges
The Court shall consist of a number of judges equal to that of the High Contracting Parties.
Article 21
Criteria for office
1. The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
2. Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to Article 22.
3. The judges shall sit on the Court in their individual capacity.
4. During their term of office, the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
Article 22
Election of judges
The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.
Article 23
Terms of office and dismissal
1. The judges shall be elected for a period of nine years. They may not be re-elected.
2. The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.
3. No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
1. Candidates for the post of Council of Europe Commissioner for Human Rights shall be listed in alphabetical order in Assembly official documents.
2. The Assembly shall interrupt the procedure if one of the three candidates on a list for the post of Commissioner for Human Rights withdraws before the candidate is interviewed by the Committee on Legal Affairs and Human Rights. It shall ask the Committee of Ministers to complete the list of candidates.
Article 1
1. The Commissioner shall be a non-judicial institution to promote education in, awareness of and respect for human rights, as embodied in the human rights instruments of the Council of Europe.
2. The Commissioner shall respect the competence of, and perform functions other than those fulfilled by the supervisory bodies set up under the European Convention on Human Rights or under other human rights instruments of the Council of Europe. The Commissioner shall not take up individual complaints.
Article 2
The Commissioner shall function independently and impartially.
Article 3
The Commissioner shall:
a. promote education in and awareness of human rights in the member states;
b. contribute to the promotion of the effective observance and full enjoyment of human rights in the member states;
c. provide advice and information on the protection of human rights and prevention of human rights violations. When dealing with the public, the Commissioner shall, wherever possible, make use of and co-operate with human rights structures in the member states. Where such structures do not exist, the Commissioner will encourage their establishment;
d. facilitate the activities of national ombudsmen or similar institutions in the field of human rights;
e. identify possible shortcomings in the law and practice of member states concerning the compliance with human rights as embodied in the instruments of the Council of Europe, promote the effective implementation of these standards by member states and assist them, with their agreement, in their efforts to remedy such shortcomings;
f. address, whenever the Commissioner deems it appropriate, a report concerning a specific matter to the Committee of Ministers or to the Parliamentary Assembly and the Committee of Ministers;
g. respond, in the manner the Commissioner deems appropriate, to requests made by the Committee of Ministers or the Parliamentary Assembly, in the context of their task of ensuring compliance with the human rights standards of the Council of Europe;
h. submit an annual report to the Committee of Ministers and the Parliamentary Assembly;
i. co-operate with other international institutions for the promotion and protection of human rights while avoiding unnecessary duplication of activities.
Article 4
The Commissioner shall take into account views expressed by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe concerning the Commissioner’s activities.
[...]
Article 9
1. The Commissioner shall be elected by the Parliamentary Assembly by a majority of votes cast from a list of three candidates drawn up by the Committee of Ministers.
2. Member states may submit candidatures by letter addressed to the Secretary General. Candidates must be nationals of a member state of the Council of Europe.
Article 10
The candidates shall be eminent personalities of a high moral character having recognised expertise in the field of human rights, a public record of attachment to the values of the Council of Europe and the personal authority necessary to discharge the mission of the Commissioner effectively. During his or her term of office, the Commissioner shall not engage in any activity which is incompatible with the demands of a full-time office.
Article 11
The Commissioner shall be elected for a non-renewable term of office of six years.
Article 4
1. The Committee shall consist of a number of members equal to that of the Parties.
2. The members of the Committee shall be chosen from among persons of high moral character, known for their competence in the field of human rights or having professional experience in the areas covered by this Convention.
3. No two members of the Committee may be nationals of the same state.
4. The members shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.
Article 5
1. The members of the Committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes, from a list of names drawn up by the Bureau of the Consultative (Parliamentary) Assembly of the Council of Europe; each national delegation of the Parties in the Consultative (Parliamentary) Assembly shall put forward three candidates, of whom two at least shall be its nationals.
Where a member is to be elected to the Committee in respect of a non-member state of the Council of Europe, the Bureau of the Consultative (Parliamentary) Assembly shall invite the Parliament of that state to put forward three candidates, of whom two at least shall be its nationals. The election by the Committee of Ministers shall take place after consultation with the Party concerned.
2. The same procedure shall be followed in filling casual vacancies.
3. The members of the Committee shall be elected for a period of four years. They may be re-elected twice. However, among the members elected at the first election, the terms of three members shall expire at the end of two years. The members whose terms are to expire at the end of the initial period of two years shall be chosen by lot by the Secretary General of the Council of Europe immediately after the first election has been completed.
4. In order to ensure that, as far as possible, one half of the membership of the Committee shall be renewed every two years, the Committee of Ministers may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than four years but not more than six and not less than two years.
5. In cases where more than one term of office is involved and the Committee of Ministers applies the preceding paragraph, the allocation of the terms of office shall be affected by drawing of lots by the Secretary General of the Council of Europe, immediately after the election.
“The Assembly notes that its rules and procedures on the election of judges have constantly evolved over the years. Those currently applicable to the Committee on the Election of Judges have allowed the committee to effectively fulfil its role of interviewing candidates and assisting the Assembly in electing the most qualified judges to the Court, while protecting the reputation of all shortlisted candidates. Since the creation of the committee in 2015, the Assembly has almost always followed its recommendations, which must be seen as a sign of trust and respect for its members, all of whom are required to have a legal background. The Assembly considers, however, that the following modifications to the procedure for the election of judges ought to be made in order to improve certain aspects and codify certain practices:
12.1. the chairperson or a representative of the Committee on the Election of Judges should have the right to speak in the debate on the progress report of the Bureau and the Standing Committee, to present the committee’s recommendations when necessary;
12.2. the list of candidates for the election of a judge to the Court, once submitted to the Assembly, can only be withdrawn or modified by the government concerned as long as the deadline set for its transmission – as specified in the letter from the Secretary General of the Assembly – has not yet expired. After the expiry of the deadline, the government can no longer withdraw or modify the list of candidates on its own initiative;
12.3. the Assembly should interrupt the election procedure if one of the three candidates on the list withdraws before the recommendation of the Committee on the Election of Judges is made public. It should then ask the government concerned to complete the list of candidates, by replacing the candidate who has withdrawn. This will be followed by another hearing of all three candidates by the committee. The withdrawal of a candidate after the publication of the committee’s recommendation is not possible.”
“invites the Committee on Rules, Ethics and Immunities to consider those proposed changes in the election procedure before the Assembly that would require amendments to the Rules of Procedure and to submit any such proposals to the Assembly in due course”.
“I propose to introduce certain changes to our rules in order to address unforeseen problems that have recently arisen. Where necessary, the chairperson of the committee or another committee representative (for example a vice-chair) should be entitled to speak in the debate on the progress report of the Bureau and the Standing Committee. This would be rather exceptional, used only to present the committee’s recommendations in specific cases, for instance when there is an attempt to challenge the committee’s recommendation to reject a list in the plenary. The chairperson could explain why the committee decided to reject a list, particularly in cases where such a rejection was on procedural grounds or due to non-compliance with the gender balance rule. It would not be appropriate to do the same concerning rejections on substantive grounds, as any explanation in the plenary could affect the reputation of the candidates concerned”.
“the chairperson, or, in his or her absence, a vice-chairperson, of the Committee on the Election of Judges to the European Court of Human Rights shall be invited, during the debate on the Bureau’s progress report, to make a brief oral intervention in order to present the committee’s recommendation on the list of candidates for the post of judge submitted by a member State”.
“Another aspect that needs revising is the possibility for candidates to withdraw from the list at any moment before a vote by the Assembly (see Appendix to Resolution 1432 (2005)). This scenario recently occurred, blocked an election at the last minute (Cyprus, 2025). While candidates may have their own reasons for doing so, this results in the suspension of the procedure until the candidate is replaced by the government, and the repetition of interviews for the remaining candidates, with the possibility that the committee’s recommendation may change after the second round of interviews. We could clarify that the Assembly shall only interrupt the election procedure if the withdrawal takes place before the committee’s recommendation is made public. In such a case, the government shall be invited to replace the candidate who has withdrawn, who will have to be assessed by the Advisory Panel and interviewed by the committee, together with the other candidates who remained on the list. After the publication of the committee’s recommendation, the election procedure will in any case proceed, on the basis of the list of three candidates originally submitted. It is important to underline that according to the wording of Article 22 of the Convention the Assembly shall elect “from a list of three candidates nominated by the High Contracting Party. The Assembly could also codify the existing practice that the list of candidates, once submitted to the Assembly, can only be withdrawn or modified by the government before the expiry of the deadline given by the Secretary General of the Assembly. After the expiry of such deadline, the government can no longer withdraw or modify the list on its own initiative. It can only replace candidates who have withdrawn.”
“Once a list of candidates has been submitted to the Assembly and the deadline set by the Secretary General of the Assembly for the submission of the list has expired, the list cannot be withdrawn or modified by the State concerned on its own initiative. After that date, a State may only modify the list if asked to do so in order to replace a candidate who has withdrawn as set out below.
If a candidate withdraws his or her candidacy after the deadline set by the Secretary General of the Assembly for the submission of the list of candidates but before the Committee on the Election of Judges to the European Court of Human Rights publishes its recommendation, the State shall be invited to replace the candidate who has withdrawn with another candidate, who will have to be assessed by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights and interviewed by the committee, together with the other candidates who remain on the list.
A candidate may not withdraw his or her candidacy after the publication of the committee’s recommendation. Any purported withdrawal shall not have any impact on the Assembly’s election procedure.”
“The President shall decide whether amendments and sub-amendments are in order. Unless the Bureau decides otherwise and except for debates under urgent procedure, amendments shall be tabled in accordance with the following deadlines:
- for the first day of a part-session, three hours before the opening of the sitting;
- for debates on the second day, not later than 4 p.m. on the first day of the part-session;
- for debates on the subsequent days of a part-session, not later than twenty-three and a half hours before the opening of the sitting at which the debate is to begin.
If the Assembly adopts changes to the draft agenda, the President may, if necessary, propose different deadlines to the Assembly.
Sub-amendments shall be tabled one hour before the scheduled end of the sitting preceding that in which the debate begins.”
“for debates in Standing Committee, not later than 24 hours before the start of the Standing Committee.”
|
Number of full members and alternates per thematic committee |
Minimum number of women |
Minimum number of men |
|
8 |
3 |
3 |
|
6 |
2 |
2 |
|
4 |
2 |
2 |
|
2 |
1 |
1 |
|
Number of full members and alternates per thematic committee |
Overall number of full members and alternates across the thematic committees |
Minimum number of women overall |
Minimum number of men overall |
|
8 |
48 |
16 |
16 |
|
6 |
36 |
12 |
12 |
|
4 |
24 |
8 |
8 |
|
2 |
12 |
4 |
4 |