Necessary changes in the political structure of Europe to achieve a greater unity between the Members of the Council of Europe and to make an effective European cooperation in the various spheres specified in Article 1 of the Statute

Motion for a recommendation | Doc. 73 | 05 September 1949

Author(s):

Parliamentary Assembly

Thesaurus

1 PROPOSAL REGARDING THE COMMITTEE ON GENERAL AFFAIRS

The Assembly,

Convinced that the problems of common interest to Member States in the spheres mentioned in Article 1, paragraph (b) of the Statute cannot be solved within the framework of the present European structure,

Desiring that a detailed and objective study be made of the Proposals to achieve a closer political unity between the Member States,

Agrees that its Committee on General Affair's be instructed to examine:

a The general position of the Member States of the Council of Europe considered as a whole;

b The present position with regard to existing intergovernmental organisations;

c The different Proposals for extended collaboration in the political, economic, social and cultural fields;

d The modifications in the political and constitutional structure of the Member States which such collaboration would entail;

e The federal and other Proposals for the future political development of Europe;

f and The effects on each Member State of any such measures as these Proposals imply.

The Committee shall formulate precise and definite Proposals in respect of the matters referred to it and shall make definite Recommendations concerning the modifications in the political structure of the Member States, which it considers desirable with a view to a closer unity between them.

The Committee shall have the power to appoint Sub-Committees, to obtain the assistance of experts and to hear witnesses.

The Committee will send its Report to the President of the Assembly by the 30th April at the latest. This Report will be transmitted by the President to the Committee of Ministers and to every Representative in the Consultative Assembly.

The Assembly hereby expresses the wish that this Report be placed on the Agenda of the 1950 Session, and that the Committee of Ministers propose to the Members of the Council of Europe that the Recommendations adopted by the Assembly at this Session shall be immediately discussed by the respective Parliaments.

2 MOTION REGARDING THE STANDING COMMITTEE OF THE ASSEMBLY

The Committee proposes:

That a Standing Committee, consisting of the President, the four Vice-Presidents, and twenty-three members of the Assembly who shall include, ex-officio, the six Chairmen of Committees, shall immediately be constituted by a Resolution of the Assembly, on the recommendation of the Bureau.

The aforesaid Standing Committee will be convened by the President of the Assembly whenever he considers it necessary, and not less than four times a year.

Its duties will be:

To co-ordinate the different Resolutions of the Assembly and the Reports or Recommendations produced by the various Committees;

To consider the steps to be taken to prepare the work, of the Assembly for the following Session;

The President of the Assembly, acting on behalf of the said Standing Committee, will consult with the Committee of Ministers as to the advisibility of convening an Extraordinary Session, and also in regard to any matter arising out of the Agenda of the previous Session;

Lastly, between the Sessions of the Consultative Assembly, the Committee will, in general, take any measures that appear calculated to facilitate or expedite the work of the Assembly.

The Committee next agreed unanimously to propose that in constituting the Standing Committee of the Assembly composed as above (23 Members, who shall include, ex officio, the Chairman of Committees, besides the Bureau) the Rules of Procedure laid down in Article 37 in regard to Committees of 23 Members should be applied.

3 RECOMMENDATIONS TO THE COMMITTEE OF MINISTERS

A. The Committee proposes that the Assembly should recommend to the Committee of Ministers the following proposals for Amendment to the Statute of the Council of Europe:

Proposal for Amendment to Article Jf: Insert after "may" in the first line: "with the approval of the Consultative Assembly, such approval to be by a simple majority."

Proposal for Amendment to Article 5: Insert after "may" in the second line: "with the approval of the Consultative Assembly, such approval to be by a simple majority."

Proposal for Amendment to Article 23: Substitute a new Article to read as follows:—

"The Consultative Assembly may discuss and make recommendations upon any matter within the aim and scope of the Council of Europe as defined in Chapter I; and it shall discuss and may make recommendations upon any matter referred to it by the Committee of Ministers with a request for its opinion."

Proposal for Amendment to Article 25: Delete paragraph (c).

Proposal for Amendment to Article 26: That the number of Representatives set out in the Article be doubled.

Proposal for Amendment to Article 36: Substitute the following paragraphs for paragraphs (a) and (b):

"(a) The Secretariat shall consist of a Secretary-General, a Deputy Secretary-General for the Committee of Ministers, a Deputy Secretary-General for the Assembly, and such other staff as may be required.

"(b) The Secretary-General and both the Deputy Secretaries-General shall be appointed by the Assembly on the recommendation of the Committee of Ministers."

Proposal for Amendment to Article 37: Substitute the following paragraph for paragraph (b):

"(b) The Secretary-General is responsible to the Committee of Ministers and to the Consultative Assembly for the work of the Secretariat. Amongst other things, he shall, subject to Article 38 (d), provide, in agreement with the Deputy Secretary-General for the Assembly, such secretariat and other assistance as the Consultative Assembly may require.

"The Deputy Secretary-General for the Committee of Ministers is responsible to the Committee of Ministers.

"The Deputy Secretary-General for the Consultative Assembly is responsible to the Assembly and to its Bureau."

Proposal for Amendment to Article 41: Delete the last sentence of paragraph (d).

B. The Committee proposes that the Assembly recommends whatever further consequential amendments may be necessary to any other Articles of the Statute to bring them into line with the adoption of the Amendments listed above.

It recommends, the following Amendments:

Article 24: Delete "under Article 23" in line 3.

Article 29: Delete "Subject to the provisions of Article 30" in line 1, and insert "Subject to the provisions of Articles 4, 5 and 30".

Article 29: Delete sub-paragraph (ii) and insert the following: "determining matters for. discussion in the Assembly".

Article 31: Delete "Debates on proposals to be made to the Committee of Ministers that a matter should be placed on the Agenda" and insert "Debates on proposals for a matter to be placed on the Agenda."

Article 34.: Insert after "The Committee of Ministers..." "on its own initiative or at the request of the President of the Consultative Assembly,...".

C. The Committee proposes that the Assembly should request that: before the next ordinary or extraordinary Session of the Assembly, the Committee of Ministers should consider the question of the admission of new Members and new Associate Members to the Council of Europe: and that this question be placed on the Agenda of the next ordinary or extraordinary Session of the Consultative Assembly.

4 RECOMMENDATIONS TO THE ASSEMBLY

1. The Committee proposes that the Assembly should refer to the Standing Committee of the Assembly the various proposals for the convocation of an extraordinary Session early in 1950. It regards the convocation of such an extraordinary Session as inevitable, in view of the number and urgency of the problems before the Council of Europe. It would leave it to the discretion of the Standing Committee of the Assembly to determine the best time for this Session, and to request the Committee of Ministers that, as provided in Article 19 of the Statute, the different questions referred by the Committee of Ministers- to the Assembly for its opinion shall in each case be dealt with in precise Reports and clearly worded proposals.

2. The Committee recommends that, if a clear majority of. the members of the Consultative Assembly requests the President to convene a special Session of the Assembly, the President should communicate to the Committee of Ministers a request for an extraordinary Session.

3. The Committee has examined the question of financing the Committee instructed to study the question of political union and, bearing in mind the provisions of Articles 24 and 38 (d) of the Statute of the Council of Europe, it recommends the Assembly to request the Secretary-General to refer to the Committee of Ministers the request of the Assembly for suitable provision to be made for this Committee.

4. The Committee proposes that the Assembly should refer the following resolutions to the Standing Committee of the Assembly, with a recommendation for their favourable consideration: "The Assembly recommends to the Committee of Ministers that it propose to the Governments of Members of the Council of Europe that they should systematically organise the instruction of the great mass of the people, pointing out to them the undeniable advantages of union for Europe and at the same time the dangers inherent in national isolation. "It is especially in the schools, workplaces, political parties, public meetings and, of course, through the press, that this campaign should be concentrated. The members of the Consultative Assembly of the European Union should be requested to give their Governments every assistance in their power in this great work, while at the same time making every effort as individuals to this end."

5. The Committee, having studied two proposed Amendments to Article 13 and various Proposals to create a European political authority with clearly defined aims and definite powers, to invest the Committee of Ministers with intergovernmental or supra-national powers and rights; and to create a corps of European civil servants, Proposes that the Assembly should submit these subjects to the Standing Committee of the Assembly for study.

6. The Committee, having studied two proposed Amendments to Article 20 of the Statute to prepare for cases when the Committee of Ministers might feel itself unable to take into consideration the Recommendations of the Consultative Assembly, Proposes that the Assembly should submit these Proposals to the Committee on General Affairs for study; the latter would include its observations in the Report it is to draw up before the 30th April.

7. The Assembly instructs its Committee on General Affairs to draw up, before 30th April 1950, for submission to the Assembly, a European agreement which will define the guiding principles of the Council of Europe, in the political, economic, cultural and social fields which will bind all Member or associate Members, and which will, especially as far as they are concerned, prevent possible future conflicts, by confirming the intention of the signatories to outlaw war...

8. That the Assembly considers that the, aim and goal of the Council of Europe is the creation of a European political authority invested with limited functions but real powers.