Participation of the Assembly in the work of the European committee on legal co-operation
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on 23rd April 1964 (4th Sitting) (see Doc. 1731 report of the Legal Committee). Text adopted by the Assembly on 3rd November 1964 (9th Sitting), as amended.
The Assembly,
Whereas the Committee of Ministers adopted on 13th December 1963 a Resolution (63) 29 relating to the legal programme of the Council of Europe ;
Whereas there was set up by that Resolution a committee of a consultative and technical character called "The European Committee on Legal Co-operation" ;
Whereas this institution cannot, from a statutory point of view, diminish the prerogatives of the Assembly and the functions of its Legal Committee ;
Whereas, by virtue of paragraph 6 of that Resolution "the Assembly shall be represented in (that) Committee on Legal Co-operation by three representatives who will be appointed by the Assembly to sit on (that) Committee and to participate in its work" ;
Whereas it falls therefore to the Assembly to lay down a procedure of appointment of its three representatives in that Committee ;
Whereas it is also necessary to define the terms of reference of these representatives,
Adopt the present Rules :
Rule 1
1. The representatives representing the Assembly in the European Committee on Legal Co-operation (hereinafter referred to as the European Committee) shall be the Chairman and two Vice-Chairmen of the Legal Committee.
2. If one of the representatives is prevented from attending all or part of the meeting of the European Committee, it is for the Chairman of the Legal Committee to arrange for his replacement.
3. If the Chairman of the Legal Committee for some special reason considers that it is in the interest of the work of the Assembly that a member of a Committee other than the Legal Committee should attend whole or part of a meeting of the European Committee, he may so inform the Chairman of the Committee concerned, who may designate one of the members of his Committee to replace one of the representatives appointed or designated under paragraphs 1 or 2 of this Rule.
Rule 2
Subject to the Rules of Procedure of the European Committee, the representatives may make to the European Committee such oral and written observations or proposals as they consider to be in the interest of the legal programme of the Council of Europe and of the work of the European Committee.
Rule 3
At the end of each meeting of the European Committee, one of the representatives shall submit a report to the Legal Committee which will thus be closely informed about the work of the European Committee.
Rule 4
4. If the European Committee takes a decision with which the representatives do not concur, the Legal Committee, to which a report has been submitted in accordance with Rule 3, shall refer the question at issue to the Assembly.
5. In the same way, if the Legal Committee considers that it cannot concur with such a decision, even if it was taken with the agreement of the representatives, it may refer the question at issue to the Assembly.