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Proposals of the Governmental Committee on the European Social Charter concerning changes to be made in the machinery for supervision of the Social Charter

Opinion 76 (1976)

Author(s):
Parliamentary Assembly
Origin
Text adopted by the Standing Committee, acting on behalf of the Assembly, on 28 June 1976. See Doc. 3803, report of the Committee on Social and Health Questions.
Thesaurus

The Assembly,

1. Having regard to the decision of the Committee of Ministers to consult the Assembly on the proposals of the Governmental Committee on the European Social Charter to modify the machinery for supervision of the Social Charter ;
2. Recalling the terms of its Opinion No. 71 (1975), where, among others, it had formulated some preliminary considerations with regard to the machinery for supervision ;
3. Having examined in the meantime the opinion of the Committee of Independent Experts, which differs substantially from the opinion of the Governmental Committee ;
4. Appreciating that some alleviation of the workload which falls upon the contracting parties and upon the supervisory bodies is in principle a desirable objective to the realisation of which certain procedural changes would greatly contribute ;
5. Insisting that any lessening of the effectiveness of the existing supervision machinery is unacceptable, and that any adjustment to the rhythm of the supervision cycle must therefore be compensated for by a reinforcement of other elements of control, namely the questionnaires that are regularly sent to the contracting states and which serve as a basis for the national reports ;
6. Considers that Article 21 of the Charter, by virtue of which the Committee of Ministers determines the form of these reports, will have to be so amended as to enable the Assembly to be closely associated with the drawing up of the questionnaires ;
7. Proposes that the Committee of Ministers discuss, in this context, the possibility of applying Article 36 concerning amendments to the Charter, in order that Article 21 may be amended in the sense specified above and that the draft amendment to Article 21 may subsequently be transmitted to the Assembly for an opinion, in accordance with the said Article 36 ;
8. Expresses the opinion that until this matter has been settled the existing system for supervision should operate unchanged.