Appendix Appendices
Appendix 1 – Preliminary opinion of the
Committee of Legal Advisers on Public International Law (CAHDI)
on Parliamentary Assembly Recommendation
1602 (2003) on immunities of members of the Parliamentary
Assembly
1. The Committee of Legal Advisers on Public International
Law (CAHDI) held its 26th session in Strasbourg on 18 and 19 September
2003. The agenda included an item on «Decisions of the Committee
of Ministers concerning the CAHDI and request for CAHDI’s opinion».
2. In the framework of this item, pursuant to the Committee of
Ministers’ decision at their 837th meeting (Strasbourg,
16 April 2003), the CAHDI examined Parliamentary Assembly
Recommendation 1602 (2003) on immunities
of Members of the Parliamentary Assembly.
3. In accordance with its specific terms of reference, the CAHDI
concentrated on what it considered to be issues of public international
law.
4. The CAHDI considered that the issues dealt with by this recommendation,
in particular paragraphs 2 and 5.i required an in-depth analysis
which it could not carry out during the present meeting, and therefore
it reserved its consideration of these issues and planned to return
to them at its next meeting in the light of further information.
5. However, in order to meet the request of the Committee of
Ministers, the CAHDI wished to provide it with the following preliminary
considerations.
6. The CAHDI recalls the relevant provisions of the Vienna Convention
on the Law of the Treaties
, including
Articles 31 to 33 and in particular
Article 31 that provides that
“1. A treaty shall be interpreted in good faith
in accordance with the ordinary meaning to be given to the terms
of the treaty in their context and in the light of its object and
purpose.
[…]
3. There shall be taken into
account, together with the context:
a. any subsequent agreement
between the parties regarding the interpretation of the treaty or
the application of its provisions;
b. any subsequent practice
in the application of the treaty which establishes the agreement
of the parties regarding its interpretation.”
7. Without prejudice to the further consideration of the substantive
points referred to in paragraph 4 above, the CAHDI notes that, from
a procedural point of view, the Committee of Ministers could, if
considered appropriate, adopt unanimously a position concerning
the interpretation of the General Agreement on Privileges and Immunities
of the Council of Europe. The effect of such a position would have
to be seen in the light of the above-mentioned provisions.
8. Concerning paragraph 5, iii of the Recommendation, the CAHDI
stresses that, in accordance with Article 6, paragraph 2 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms, at all stages when parliamentary immunity is waived the
presumption of innocence must be maintained.
Appendix II – Reply to Parliamentary Assembly Recommendation 1373 (1998) Freedom
of movement of and the issue of visas to the members of the Parliamentary
Assembly – Decisions
The Deputies:
1. took note of the possible difficulties encountered
by members of the Parliamentary Assembly in obtaining visas speedily
to enable them to carry out their duties on official journeys to
the territories of member States;
2. invited the governments of member States to consider taking
one or more of the following measures, in conformity with their
national legislation, to ensure that members of the Parliamentary
Assembly on official journeys benefit by full entry facilities on
the territory of member States:
i according
priority to or at least speedy treatment of requests for visas from
members of the Parliamentary Assembly in connection with their official
duties, in particular when supported by a Council of Europe service
card;
ii granting long-term multiple entry visas whenever possible;
iii when the granting of long-term multiple visas is not possible,
according priority to the speedy processing of requests for single
entry visas;
iv authorising authorities at ports of entry, in cases of
urgency when it has not been possible for the member of the Parliamentary
Assembly to obtain a visa prior to departing on an official journey,
and when notified of such impossibility by the appropriate domestic
authorities, to grant the appropriate visa exceptionally at the
port of entry;
v granting visas free of charge wherever possible;
3. asked the Secretary General to transmit the present decision
to member states and to inform the Committee of Ministers in due
course of the measures taken to implement it;
