Assembly motions for orders and draft orders

Resolution 1368 (2004)

Author(s):

Parliamentary Assembly

Origin

Text adopted by the Standing Committee, acting on behalf of the Assembly, on 2 March 2004 (see Doc. 10073, report of the Committee on Rules of Procedure and Immunities, rapporteur: Mr Magnusson.

Thesaurus

1. The Parliamentary Assembly notes that, between its inception and April 2003 it adopted just under 600 orders which deal with questions of form, transmission, execution or procedure but are not intended to go into the substance of issues.

2. It likewise notes that members have tabled a number of motions for orders.

3. The Assembly considers that, in the recent past, orders have raised various problems. In addition, many of the considerations which led to the introduction of orders no longer apply. Since May 2003 there has been some use of motions for resolutions and draft resolutions to replace, where appropriate, motions for orders and draft orders.

4. The Assembly draws attention to the case for simplifying the categories of texts which the Assembly adopts and the types of motions (Rule 23 of the Rules of Procedure) which members table.

5. It accordingly decides to eliminate the possibility of motions for orders and draft orders and to amend the Rules of Procedure as follows:

5.1 delete the words “and Orders” in Rule 22.2.i;

5.2 amend the title of Rule 23 to read: “Tabling of motions for recommendations and resolutions”;

5.3 insert, at the end of paragraph 1.b of Rule 23, a new sentence reading: “In addition, a resolution may deal with a question of form, transmission, execution or procedure”;2 [(1) The Committee on Rules of Procedure and Immunities considered (Doc. 10073)that motions for resolutions or draft resolutions or any other type of Assembly document which may be used to replace motions for orders and draft orders should not interfere with the competences of the Assembly Bureau (for example, with respect to external relations). Furthermore, such documents or texts should not give instructions of an indefinite duration to a committee to prepare reports on a given subject, as this comes under the province of the Bureau.]

5.4 delete paragraph 1.c of Rule 23;

5.5 delete the words “or Order” in Rule 23.2, “or a draft Order” in Rule 40.iii and “or Orders” in Rule 49.2.

6. It decides that these amendments will enter into force upon their adoption.