B Explanatory memorandum by Mr Greenway,
rapporteur
1 Introduction
1. During its 2009 fourth part-session, the Parliamentary
Assembly adopted
Resolution
1689 (2009) on the future of the Council of Europe in
the light of its 60 years of experience. On 2 October 2009 the Assembly instructed
the Committee on Rules of Procedure, Immunities and Institutional
Affairs to prepare a report on the follow-up to paragraphs 28.8
and 28.11 of the resolution. Paragraph 28.8 concerns
ex officio participation in the
Bureau by chairpersons of parliamentary delegations of the states
making up the Committee of Ministers Troika. Paragraph 28.11 concerns
the term of office of the President of the Assembly and committee chairpersons,
and the proposal to reduce it to three years.
2. At its meeting on 5 November 2009, the committee held a first
exchange of views, after which it decided to present the Assembly
with two separate reports, one on the change in the composition
of the Bureau of the Assembly, the other on the term of office of
the President of the Assembly and of committee chairpersons. It considered
that the proposal regarding the first topic was non-controversial
and could be dealt with quickly. Conversely, the committee felt
that the second topic required thorough consideration and could
be pursued during 2010.
3. Paragraph 28.8 of
Resolution
1689 refers to the proposal that chairpersons of national
delegations of the countries making up the Committee of Ministers
Troika (outgoing, current and forthcoming chairs) be associated
ex officio with the Bureau of the
Assembly. This proposal is aimed at increasing the Assembly’s influence
over the political choices and the decisions to be taken at the
level of the Organisation through more active and anticipative co-operation
with the rotating chairmanships of the Committee of Ministers, and
at ensuring greater continuity in the Assembly’s work. The proposal
is important in the present context of enhancing the dialogue with
the Committee of Ministers.
2 Regulatory context
2.1 Present composition and role of the Bureau of
the Assembly
4. Under the terms of Rule 13 of the Rules of Procedure,
the Bureau of the Assembly is composed at present of the President
of the Assembly, the 20 vice-presidents and the chairpersons of
the five political groups and of the 10 committees. The latest reform
to its composition dates back to 2004, when it was decided that
committee chairpersons would be Bureau members (
Resolution 1379).
Note
5. Bureau members are also members of the Joint Committee (Rule
55.2).
6. The Bureau takes particular charge of co-ordinating the activities
of the Assembly and its committees, and guides the Assembly’s external
relations.
2.2 Composition and roles of the Troika and the Bureau
of the Committee of Ministers
7. The Committee of Ministers “Troika” is not an organ
in the true sense and has no formal existence or actual mandate.
It comprises three members (current, outgoing and forthcoming chairs)
who meet ad hoc when assigned a specific mission by the Committee
of Ministers.
8. The Bureau of the Committee of Ministers is an organ composed
of six members, namely the Organisation’s current chairmanship and
the two preceding and three following chairmanships.
Note Its role is to advise the chair
of the Committee of Ministers and the Secretariat on the organisation
of the committee’s proceedings, to prepare its meetings and to take
charge of contacts with the Parliamentary Assembly,
inter alia, by providing representation
for the Committee of Ministers on the Joint Working Party with the
Assembly Presidential Committee, and preparing for the Joint Committee.
The Bureau also serves as a discussion forum for co-ordinating the
action of the successive chairmanships, especially as regards the
preparation and implementation of their programmes.
2.3 Situation in other international organisations
9. It is interesting to note that national delegation
leaders are not members of the bureaux of parliamentary organs in
the other European organisations (the European Parliament, the European
Security and Defence Assembly/Assembly of the Western European Union,
the Parliamentary Assembly of the Organisation for Security and
Co-operation in Europe, the Parliamentary Assembly of the North
Atlantic Treaty Organization, the Parliamentary Assembly of the
Mediterranean) or international organisations (the United Nations
General Assembly). In these bodies, the Bureau consists of the president
and the vice-presidents, and sometimes a treasurer or committee
chairpersons. However, the Baltic Assembly (whose presidium is made
up of the leader and deputy leader of each national delegation and
conforms to the rotating annual presidency of the Council of Ministers)
and the Nordic Council are exceptions.
3 Points to consider
10. The inclusion of certain national delegations leaders
in the Bureau is a measure which the Assembly in its virtual entirety
wished to support by adopting
Resolution
1689. It is also unanimously agreed upon in the Committee
on Rules of Procedure. The national delegations perform a crucial
role in promoting the Assembly’s decisions, and in the follow-up
to the texts which it adopts, in the member states’ parliaments
and vis-à-vis their governments, particularly with regard to sensitive
issues such as the budgets of the Council of Europe and the Assembly,
or the ratification and implementation of the Council of Europe
legal instruments.
11. Article 28.c.ii of the Council of Europe Statute prescribes
that the Rules of Procedure of the Assembly shall determine, inter alia, “the manner of the election
and terms of office of the President and other officers”.
12. The Committee on Rules of Procedure might decide to invite
the Assembly, which has full latitude for this, to amend Rule 13
of the Rules of Procedure. In so doing, it behoves the Assembly
to consider the following questions:
3.1 How many new Bureau members?
13. To make the Assembly’s work more perceptible and
efficacious for the Committee of Ministers and its chairmanship,
it would be advisable to increase the representativeness of the
Bureau of the Assembly so as to include not three new members –
corresponding to the chairpersons of the national delegations of
the Troika countries – but a larger number that would approximate
it to the composition of the Bureau of the Committee of Ministers
(see paragraphs 7 and 8). However, it might be unreasonable to admit
six new members to the Bureau’s meetings.
14. It is therefore proposed to include as ex
officio members of the Bureau of the Assembly four new members,
being the chairpersons of the national delegations of the member
states in office as the current, the previous and the next two chairs
of the Committee of Ministers. It is in fact important from the
standpoint of continuity in the decisions taken by the Committee
of Ministers, particularly in budgetary matters, that the Assembly
be able to make its voice audible not only to the next six-monthly
chairmanship but also to the subsequent one, so as to ensure visibility
of the actions to be undertaken over a full year.
15. For practical purposes, this does not mean that four new members
would take up seats on the Bureau in respect of certain national
delegations. A Vice-President of the Assembly elected in that capacity
represents 20 of the 47 national delegations on the Bureau of the
Assembly. In most cases (at present, 16 out of 20), Vice-Presidents
also chair their delegation. To guard against imbalance in the representation
of the national delegations, the committee could advocate the principle
of not including a national delegation member when its chairperson
is already a member of the Bureau in the capacity of Vice-President.
On the other hand, where it happens that an eligible national delegation
leader also chairs a committee or a political group, the committee or
group concerned could designate a member to replace him or her so
that the presiding officer in question does not sit “wearing two
hats”.
3.2 Term of office
16. Unless they are members of the Bureau in another
capacity, chairpersons of the national delegations concerned would
take (and relinquish) office on the date when the chairmanship of
the Committee of Ministers changes (“transfer of powers”).
3.3 Nature of their rights
17. As ex officio members
of the Bureau, chairpersons of the national delegations concerned
should sit on it with the right to vote. They should also be members
of the Joint Committee. However, it does not seem desirable to allow
their appointment as rapporteurs of the Bureau, particularly for
the progress report of the Bureau and the Standing Committee.
18. In connection with the observation made in paragraph 15, the
committee should look into the question of chairpersons of the national
delegations concerned being replaced in the event of inability to
attend the Bureau meetings. Let it be recalled that political group
and committee chairpersons prevented from attending meetings may
have themselves replaced by a deputy chairperson or a member of
their group or committee appointed for that purpose, unlike Vice-Presidents
of the Assembly who may not have a substitute. Considering the importance
of the role performed by a delegation leader in the national parliament
and vis-à-vis the government, including the Ministers for Foreign
Affairs and the Permanent Representatives, whether on an institutional
level or in a more informal context of personal relations, it would
be desirable for the chairpersons of the delegations concerned to
sit on the Bureau in their personal capacity without the possibility
of replacement.
4 Proposed amendment to the Rules of Procedure
19. The committee invites the Assembly to amend Rule
13.3 of its Rules of Procedure as follows, by adding this sentence
after the first sentence:
“Chairpersons
of the national delegations of the member states holding the current,
the previous and the next two chairmanships of the Committee of
Ministers shall be ex officio members
of the Bureau entitled to vote. They may not be the Bureau’s rapporteurs
for its reports. They cannot be replaced.”
5 Conclusions
20. At its meeting on 11 January 2010, the committee
considered the proposals set out in paragraphs 12 to 19 above. It
adopted unanimously this draft resolution, to be presented at the
next Standing Committee meeting (Paris, 12 March 2010). The proposed
amendment of the Rules of Procedure will come into force upon the
adoption of the resolution.
***
Reporting committee:
Committee on Rules of Procedure, Immunities and Institutional Affairs
Reference to committee:
Bureau decision, Reference 3612 of 2 October 2009
Draft resolution unanimously
adopted by the committee on 11 January 2010
Members of the committee:
Mr John Greenway (Chair),
Mr Vis (1st Vice-Chair), Mr Lintner (2nd
Vice-Chair), Mr Kox (3rd
Vice-Chair), Mr Agius, Mrs
Bemelmans-Videc, Mrs Brasseur,
Mr Cebeci, Mr Chope, Mrs
Err, Mr Gross, Mr Haibach,
Mr Höfer, Mr Holovaty, Mr
Huseynov, Mr Islami, Mr Kumcuoğlu, Mrs Lilliehöök, Mrs Mendonça, Mrs Pernaska,
Mr Rowen, Mr Rustamyan, Mr Saar,
Mr Schram, Mr Van Overmeire,
Mr Vareikis
NB: The names of the members who took part in the meeting
are printed in bold
Secretariat of the committee: Mr Heinrich, Mrs Clamer
