of obligations and commitments by member states of the Council of
of reference of the Assembly Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
(as modified by Resolutions 1431 (2005), 1515 (2006),
1841 (2011), 1936 (2013), 2018 (2014), 2261 (2019) and 2325 (2020))
Recalling the basic values which are
the Council of Europe’s raison d’être, particularly
pluralist parliamentary democracy, which is a political, legal and
cultural system based on respect of human rights, the rule of law
and everyone’s right to take part in public life, and which entails
the active commitment of each individual and their government to
values such as equality, social integration, tolerance and respect
is responsible for seeking to ensure:
i. the fulfilment
of the obligations assumed by the member states under the terms
of the Council of Europe Statute, the European Convention on Human
Rights and all other conventions concluded within the Organisation
to which they are parties;
ii. the honouring
of the commitments entered into by the authorities of member states on
their accession to the Council of Europe.
2. The member states shall
fully co-operate with the Monitoring Committee within the framework
of the present terms of reference.
application to initiate a monitoring procedure may originate from:
i. the general committees
of the Assembly by reasoned written application to the Bureau;
ii. the Monitoring
Committee by a written opinion prepared by two co-rapporteurs containing
a draft decision to open a monitoring procedure;
iii. not less than
20 members of the Assembly representing at least 6 national delegations
and 2 political groups, through the tabling of a motion for a resolution
iv. the Bureau of
The Bureau shall
refer applications tabled in accordance with paragraphs 3.i and
iii above to the Monitoring Committee at one of its next two meetings
following their tabling. References to the Monitoring Committee
requesting examination of such applications under the procedure provided
for in paragraph 5 shall lapse after two years, in accordance with
of the Rules
of Procedure of the Assembly. The Monitoring Committee, with an
absolute majority of all members of the committee and subject to
confirmation by the Bureau of the Assembly, can decide not to take
further action regarding a request to open a monitoring procedure
originating under paragraph 3.iii of its terms of reference.
other than those originating from the Monitoring Committee itself,
shall be considered by the Monitoring Committee. Two co-rapporteurs
shall carry out the necessary investigations and prepare a written
opinion containing a draft decision proposing:
opening (or reopening) of a monitoring procedure and instructing
the Monitoring Committee to carry out this procedure,
— not to open (or
not to reopen) such a procedure.
In the light of the Monitoring Committee’s
written opinion, the Bureau shall express itself on whether to open
(or reopen) a monitoring procedure.
Subsequently, with regard to all the
applications referred to in paragraph 3:
— if both the Monitoring
Committee and the Bureau agree to open (reopen) the monitoring procedure
or take divergent positions, the written opinion adopted by the
Monitoring Committee shall be transformed, by way of derogation
from Rule 50.2.
Rules of Procedure, into a report containing a draft resolution
and the Bureau shall include this item in the agenda and order of
business of the next Assembly part-session for debate and adoption
of the draft resolution. A representative of the Bureau may speak
in its name in this debate. The Assembly may decide, if appropriate,
to refer the matter to one or more committee for an opinion;
— in case both
the Monitoring Committee and the Bureau consider that there is no
need to open or to reopen a monitoring procedure, such decision
should be recorded in the Progress Report of the Bureau and the
Standing Committee. The Assembly shall confirm this decision by
a vote during the discussion of the Progress Report of the Bureau.
However, during that discussion the Assembly may decide by a majority
vote following a request by at least ten members, that a debate
be held during the next part-session on the written opinion of the
Monitoring Committee which then shall be transformed into a report
containing a draft resolution.
The Assembly or Standing Committee
may itself decide, when adopting a resolution, a recommendation
or an opinion on accession, to initiate a monitoring procedure and
entrust it directly to the Monitoring Committee. In such a case,
the procedure provided for in paragraphs 3 and 5 shall not be applicable.
6. Except in special
circumstances, a monitoring procedure should not commence until
six months after a member state’s accession to the Council of Europe.
Monitoring Committee shall examine questions concerning the functioning
of democratic institutions in Council of Europe member states, taking
account of their statutory and convention-based obligations, in
accordance with Rule 26
of the Rules of Procedure. Paragraph 11
of Resolution 1115 (1997) shall apply accordingly.
The Monitoring Committee
is seized, in accordance with Rule 26
the Rules of Procedure, to carry out regular periodic reviews of
the compliance of the obligations entered into upon their accession
to the Council of Europe by member states that are not already under
a full monitoring procedure or engaged in a post-monitoring dialogue.
The order and frequency of these reports will be decided upon by
the committee in accordance with its internal working methods based
on substantive grounds, with the objective of producing, over time,
periodic review reports on all member states.
The Monitoring Committee
may be seized, in accordance with Rule 26
the Rules of Procedure, to prepare a report on a cross-country thematic
issue, in close co-operation with the relevant Assembly committees.
with Rule 49
the Monitoring Committee may set up sub-committees on the monitoring
of specific obligations and commitments of member states or groups
of member states.
conclusions should contain a summary of its position and give rise
to an official Assembly document including a draft resolution and/or
recommendation as appropriate (see Rule 50
12. The committee
will state in its reports whether the monitoring procedure in respect
of a given country is to be considered completed.
A report to the
Assembly on the post-monitoring dialogue carried out with a member
state shall include a draft resolution which either states that
the post-monitoring dialogue should be concluded or establishes
concrete deadlines for the fulfilment of outstanding commitments.
In the latter case, the failure to meet those deadlines, if so stated
in the following report submitted to the Assembly would imply the
return to the full monitoring procedure.
14. In the case of
reports on the honouring of obligations and commitments, periodic
review reports on the honouring of membership obligations, and reports
on the post-monitoring dialogue, the authorities of the country
in question will be given a six-week period to provide their comments
on the preliminary draft report to be transmitted to them by the
committee. These comments will be discussed as part of the consideration
of the draft report by the committee. No comments by the authorities
are required for the consideration of a draft report on the functioning
of democratic institutions. Draft reports shall remain confidential
until the authorities have been able to give their comments within
the aforementioned deadline and the report has been examined by
the committee. All other memoranda and working documents of the
committee shall remain confidential unless declassified by the committee.
15. The Monitoring
Committee may establish contacts with the subsidiary bodies of the Committee
of Ministers which are competent to monitor member states’ obligations
and commitments, the European Commission for Democracy through Law
(Venice Commission), and the relevant international institutions.