Technical aspects of the work of the Council of Europe

Opinion 12 (1954)

Author(s):

Parliamentary Assembly

Origin

See also Doc. 305 (Report of the Committee on the problem of the Greek earthquake victims).- See Doc. 238. This Opinion was adopted by the Assembly at its 29th Sitting, on 24th September (see Doc. 314,Report of the competent Committees).

Introduction

1. Having been asked by the Committee of Ministers for an Opinion on its Special Messagetransmitting to the Consultative Assembly the Programme of Work of the Council, the Assembly hasdecided to divide its Opinion into two parts. The first part, (the present report) deals with the specificproposals contained in the Special Message concerning the technical aspects of the work of theCouncil of Europe ; the second part deals with the general questions raised in the Special Message.This arrangement was adopted for the following reasons. In view of the importance of the subjectmatterof the Special Message, particularly that of the Chapter "General and PoliticalConsiderations", the Assembly, before making its reply, decided, first, to hold a General Debate(which took place on 14th, 15th and 16th September, 1954) and then to await more detaileddiscussions by the Committees concerned. The Committee on General Affairs therefore drafted onlya preliminary report (Doc. 264), which will be put into its final form between September, 1954 andthe opening of the Seventh Ordinary Session in May, 1955.

2. Apart from this, the political position with which the Assembly was faced in September, 1954clearly shows that the role of the Council of Europe in the work of European unification will beaffected by whatever may be the alternative solution to be found to the Treaty of Paris. The Assemblywill draft its final Opinion in the light of the alternative solution adopted.

3. The Assembly has considered, however, that it should immediately reply to the Committee ofMinisters with regard to the technical proposals, in order that the latter may proceed with its work onthese questions at the intergovernmental level. In this way it will be possible for the Assembly to beinformed of the first measures taken by the Committee of Ministers in implementation of theprogramme of work by means of intensified intergovernmental co-operation, to which the Committeeof Ministers has pledged itself in its Special Message, before it formulates its final Opinion on thefuture role of the Council of Europe. Whatever may be the Assembly's final opinion on that role andon the structural changes which may prove necessary, the fact remains that the Council of Europeconstitutes the principal medium of intergovernmental and interparliamentary co-operation among its member countries.

4. The Assembly wishes to lay special emphasis on this point, in view of present discussions on thepossibility of establishing or extending other intergovernmental organisations. Neither the Assemblynor the national parliaments will be disposed to allow that this essential basis of the existence of theCouncil should be challenged because European politics may take a new turn in a particular sphere.

5. The Assembly also recalls its frequently reiterated view that the Council should provide thegeneral framework of European policy. It hopes that this view which is shared in principle by theCommittee of Ministers, will be borne in mind in any plans for a new System of European cooperationwhich may develop from the proposals now under discussion for the organisation of thedefence of Europe. Should the functions of the Brussels Treaty Organisation be extended in fields notdirectly connected with military affairs, the possibility should be considered of utilising in thatconnection the organs of the Council of Europe.

CHAPTER I- General and political considerations

6. The Assembly confines itself for the moment to replying to the proposals made by the Committeeof Ministers under the heading : "Co-operation between the Consultative Assembly and theCommittee of Ministers" (paragraphs 10-12 of the Special Message) relating to access to meetings, ofAssembly Committees, of the Minister's Deputies and of the Committees of Experts, and theexchange of documents between Assembly Committees, the Ministers' Deputies and Committees ofExperts.

It has adopted the following Opinion on this matter :

SECTION A- Access to meetings, of Assembly Committees, of the Ministers' Deputies and ofCommittees of Experts

The Assembly,

Having regard to the request for an Opinion embodied in paragraphs 10-12 of the Special Message ofthe Committee of Ministers concerning co-operation between the Consultative Assembly and theCommittee of Ministers ;

Sharing the desire of the Committee of Ministers that such co-operation should so far as possible beincreased,

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7. Decides to extend the right of attendance and speech at meetings of the Assembly and itsCommittees, granted to Ministers by virtue of Rule 45 of the Rules of Procedure, to Ministers'Deputies holding the rank of Munster or Under-Secretary of State ;

8. Authorises Committees to hear the deputy of the Chairman-in-office of the Committee ofMinisters, or any other Minister's Deputy, by invitation or at his own request, on one or more specificpoints ;

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9. Recommends that the Committee of Ministers should authorise the Ministers' Deputies and theCommittees of Experts to hear the Chairman and Rapporteur of any Committee, by invitation or attheir own request, on a specific point under consideration ;

10. Recommends that the Committee of Ministers should encourage personal contacts, particularlybetween the Committees and Sub-Committees of the Assembly and the Committees of Experts, bysetting up joint Working Parties.

SECTION B- Exchange of documents between Assembly Committees, Ministers' Deputies andCommittees of Experts

The Assembly,

Being convinced that the exchange of documents between the two organs of the Council would leadto a better understanding of the respective intentions of each body,

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Authorises the Bureau to communicate, confidentially, Committee documents to the Committee ofMinisters ;

II

Recommends that the Committee of Ministers should authorise :

a the Ministers' Deputies to keep the Assembly regularly informed of the progress of their work ;

b the Committees of Experts to communicate their documents to the appropriate Committees of theAssembly ;

SECTION C

The Assembly instructs the Committee on Rules of Procedure and Privileges to study anyconsequential changes in the Rules of Procedure involved by Sections A and B.

11. With regard to the establishment of closer co-operation with the national Parliaments, referred to inparagraph 9 of the Special Message, the Assembly has adopted a Resolution providing for thetransmission of texts to the national Parliaments, and the strengthening of the links between them andthe Assembly.

CHAPTER II- Economic questions- General Considerations - (paragraphs 23-26 of the Special Message)

12. The Assembly is in full agreement with the Committee of Ministers concerning the right ofinitiative of the Council of Europe in ail questions connected with the economic organisation ofEurope, including those which are under consideration by other international organisations. TheAssembly considers, however, that this right of initiative should apply not only in the technical,economic and social fields, but also in the field of general economic policy. - The Assembly has always considered that its role in the economic field was to act as a Europeanparliamentary tribune for discussing regional economic co-operation in Europe. The Assembly hasnever had any intention of itself implementing the policy of economic integration in Europe. Itregards itself as a body through which opinion can influence the economic co-operation undertakenby various organisations, and through which these specialised organisations can, in their turn, addresspublic opinion. Moreover, the Assembly has always felt it its special responsibility to consider thevarious economic measures proposed in the context of their political and social consequences, anaspect of the matter to which more technical organisations, on account of their differing constitution,cannot devote the same degree of attention. The Assembly is gratified to learn that the Committee ofMinisters shares this view, and it regards paragraphs 24 to 26 as confirmation of the policy so farpursued by the Consultative Assembly in the economic field.

13. The Assembly welcomes the suggestion put forward by the Committee of Ministers that it shouldincrease the proportion of its debating time devoted to the discussion of major economic questions inorder to keep public opinion informed on the progress of economic integration in Europe. TheCommittee on Economic Questions of the Assembly has already taken certain measures to this end. - In September 1953, for instance, the Committee instructed the Secretary-General to prepare, inconsultation with O. E. E. C., E. C. E. and E. C. S. C., a study of the present position of economicintegration in Europe, in order to ascertain whether the various methods of integration hithertoemployed were compatible with one another, and to put forward constructive proposals concerningfuture efforts in this field. - The Committee on Economic Questions hopes to have its final report on this problem ready for thefirst part of the Seventh Session of the Consultative Assembly, and the Assembly looks to the Committee of Ministers for support both as regards the publication of this study and its transmissionto the specialised organisations.

14. The Assembly trusts that the Committee of Ministers will take ail appropriate steps to improve orfacilitate relations between the Assembly and the Secretariat-General, on the one hand, and thevarious specialised organisations working in the economic field, on the other.

Strasbourg Plan - (paragraph 27 of the Special Message)

15. In its Recommendation 61 of May, 1954, the Assembly made known its views on the commentsof O. E. E. C. on the Strasbourg Plan. - The Assembly notes that, in its Supplementary Report, the Committee of Ministers expressed theintention of reaching a conclusion regarding the proposals put forward by the Assembly in itsRecommendation 26 of September, 1952, as also its Recommendation 61 of May, 1954. - Before it does so, however, the Assembly requests that the question be discussed in the JointCommittee, in the presence of representatives of the Committee on Economic Questions.

Economic development of Southern Europe (paragraph 28 of the Special Message)

16. The Assembly welcomes the suggestion from the Committee of Ministers that it should examinethe problems of the economic development of Southern Europe. In accordance with the instructionsgiven by the Assembly during the first part of the Sixth Session (Order of the Assembly No. 57), theCommittee on Economic Questions has decided to set up a Working Party consisting of arepresentative of each of the countries concerned and four representatives for the remainder of theMember States. In view of the manifest urgency of early action to improve economic conditions inthe area under consideration, this Working Party proposes to embark on its studies on the spot assoon as the necessary material has been made available, and will present its report to the SeventhSession of the Assembly.

Convertibility - (paragraph 29 of the Special Message)

17. The Assembly has always been aware of the importance of the problem of convertibility ofcurrencies a problem which is of particular interest at the present moment. It is transmitting itsconclusions on this point to the Committee of Ministers in a special recommendation.

Low Tariff Club - (paragraphs 30-33 of the Special Message)

18. The Assembly, which entirely approves the procedure followed and the action contemplated bythe Committee of Ministers in this connection, considers that it would also be desirable for theMember Governments of the Council of Europe to call the attention of their representatives to G. A.T, T., to this Council of Europe plan and to the importance they attach to the regional aspect of thisproblem, which G. A. T. T. regards chiefly from a world point of view.

European Companies - (paragraph 34 of the Special Message)

19. The Committee on Economic Questions considers that the establishment of European Companieswould not in every case represent a constructive contribution to the economic integration of Europe.The Committee on Economic Questions considers, however, that European Companies with a legaland administrative status jointly defined by Member States might be of real value in certain specificcases. - The Committee on Economic Questions hopes that during the Seventh Session it will be able, inconjunction with the Committee on Legal Questions, to submit definite proposals on this subject.

European Transport - (paragraph 35 of the Special Message)

20. The problem of co-ordinating European transport will be touched upon in the report, referred toabove, on the present position of integration in Europe.

Agriculture - (paragraph 36 of the Special Message)

21. p.m.

Patents - (paragraph 37 of the Special Message)

22. The Assembly expresses its satisfaction with the results already achieved by the Committee ofMinisters in this sphere, particularly with regard to the questions of classification.

Prevention of animal epidemics and protection of plants (paragraphs 38-40 of theSpecial Message)

23. The Assembly welcomes the suggestions pu forward by the Committee of Ministers, andconsiders that a solution to this problem should be sought at the regional level.

CHAPTER III- Social questions

24. The Assembly has expressed its opinion on this Chapter in Opinion No. 9, adopted on 28th May,1954. With regard to the drafting of a Social Charter it has given its views in the Preliminary Report,Doc. 312 [(1) See also (Report of the Committee on the problem of the Greek earthquake victims).].

CHAPTER IVCultural Field

25. The Assembly has given careful consideration to Chapter IV of the Special Message containing the principles on winch the Committee of Ministers feels the execution of its culturalprogramme should be based. It has, moreover, attentively studied Appendices II to VI enumeratingthe precise proposals which the Committee of Ministers considers should be, if not put into effect, atleast given preliminary examination by its Committe of Cultural Experts.

26. The Assembly welcomes the spirit of initiative underlying this both broad and varied culturalprogramme. It notes with much interest that the proposals mentioned in Appendix III are already inprocess of implementation.

27. In general, the Assembly feels that the limited financial resources at present possessed by theCouncil of Europe for developing its cultural activities are quite inadequate to meet the legitimateneeds of an organisation which represents the common will of fifteen Member States. - For this reason it strongly recommends a considerable increase in the cultural budget of the Councilof Europe.

28. The views expressed in this Opinion in no way represent the final views of the Assembly on thegeneral principles that it wishes to see applied in the cultural field. The Assembly reserves the right toexpress these views to the Committee of Ministers at a later date. - In the meantime, the Assembly would emphasize that, in its opinion, it is not sufficient merely tosuggest a number of isolated projects and then to proceed to carry them out haphazardly, howeverdesirable the implementation of each of such projects may be. It is rather a question of devising amethod whereby the cultural activities of the Council of Europe as a whole may be selected and coordinated. - First, the role which the Council, as an international organisation, might properly play in the culturalfield must be clearly defined. - Secondly, relations between the Council and other international cultural organisations, bothgovernmental and non-governmental, must be systematised, and co-ordinated, since only by such coordinationcan the different tasks judiciously be allotted. - Lastly, suitable criteria should be agreed for the selection and classification of the cultural activitiesof the Council. Such criteria cannot possibly be based solely on budgetary considerations.

29. The Assembly wishes to pay special tribute to the Committee of Cultural Experts, on whoseactivities the cultural part of the Programme of Work was based. - It feels that these activities, in which the govenrmental initiative of the various Member States hasproved as dynamic as it has been fruitful, might in many respects serve as a model for ail ministerialorgans of the Council of Europe.

30. The Assembly, however, much regrets that it has not been more effectively associated with thework of the Committee of Cultural Experts, particularly as it fully appreciates the authoritative character of this experienced body. - The Assembly feels co-operation within the Council of Europe to be particularly essential in thecultural field.

31. It considers, moreover, that co-operation between the Committee of Cultural Experts and theCommittee on Cultural and Scientific Questions might extend beyond the preparatory workconnected with the items on their respective agendas and should include, in appropriate cases,provision for the association of the Assembly with the practical achievements of the Committee ofCultural Experts.

CHAPTER VScientific Field

32. p.m.

CHAPTER VI- Legal and administrative questions- Harmonisation and unification of national laws

33. The Assembly notes with interest the suggestion of the Committee of Ministers that the work ofharmonising national laws should be pressed forward. Unification over the entire field of legislationis not, of course, a practical possibility and could not in fact be carried out with any lasting effectexcept by a transfer of legislative powers from the national Parliaments to a European Parliament.But it is without doubt desirable to unify laws - and experience shows this to be feasible - in certainfields where divergences of law are found to create difficulties in relations between persons ofdifferent nationality. Unification of laws on such points should be a simple matter between Stateswhose Systems of law are based on similar principles and which share a desire to establish closerrelations between them.

34. The Assembly does not believe it practicable, however, to lay down a general and systematic planfor the work which the Council of Europe might undertake in this field during the next few years. - The method most likely to lead to satisfactory results is for the Council to take as a basis the needsencountered in practical life, and also to make profitable use of such progress as may have beenachieved in other quarters. - As a starting-point, the Council should consider the studies on a number of questions which havebeen undertaken in various international organisations, both governmental and non-governmental,which are listed in the Special Message of the Committee of Ministers. - Should it be found that the study of a specific question is desirable and such question is not underexamination by a specialised organisation, it would appear desirable for the Council of Europe torequest whatever organisation it may think best qualified to do so to prepare a report on the matter.

35. In the opinion of the Assembly, however, a distinction should be drawn between the HagueConference on Private International Law and other organisations not empowered to convene, on theirown initiative, international conferences. One of the subjects on which national laws could mostconveniently be unified is the law on the sale of goods (corporeal movables) between nationals ofdifferent countries. A draft uniform law on this subject was given a first reading at an internationaldiplomatic Conference held at The Hague in November, 1951 ; the text, as revised by a specialcommittee, is to be submitted to another Conference to be convened at a later date by the NetherlandsGovernment. It would clearly be inappropriate for the Council of Europe to untertake a study of thesame question. It appears, moreover, that most of the Member States are already participating in themeetings sponsored by the Hague Conference on this subject. - It might be suggested, however, that Iceland, Turkey and possibly the Saar, should also take part inthese discussions, and that, should certain difficulties be raised by non-Member States of the Councilof Europe, the Members of the Council should consider the possibility of signing a Conventionwithin the framework of the Council.

36. With regard to other legal questions, a recent study by the Secretariat-General has shown that,although the Rome Institute for the Unification of Private Law has prepared draft uniform laws, noofficial action has been taken on them. - The work of the Institute to which this observation applies includes :

36.1 Compulsory insurance for motor vehicles ;

36.2 The liability of inn-keepers for loss of, or damage to, goods belonging to guests ;

36.3 Arbitration procedure in respect of international relations in private law ;

36.4 Representation in international relations of private law.

37. The Assembly considers that the three first questions are of sufficient interest for a study to beundertaken at once with a view to determining whether the laws of the Members of the Council ofEurope concerning them could be unified on the basis of the draft uniform laws prepared by theRome Institute. In accordance with what are believed to be the wishes of the Committee of Ministers,the Assembly has already requested its Committee on Legal and Administrative Questions toundertake such studies. - It has also been suggested that, on the one hand, the laws concerning registered trade names of goodsthe origin of which is guaranteed should be brought into harmony and, on the other hand, practiceshould be made uniform whenever conflicts arise between national penal laws. It has also been feltdesirable that Member States should take into account judgments passed in other Member States whererer there may have been stay of judgment or in cases of renewed offences.

38. The Assembly, nevertheless, considers that it would be premature for it to undertake such workuntil more comprehensive studies have been made by specialised institutions. - The Assembly suggests that, if the Committee of Ministers is agreed on the importance of thesequestions, the Secretary-General should be be given authority to approach the Berne Office regardingthe first, and the International Penal Law Association concerning the other two, in order that thesebodies may begin preparatory work.

European Commission on Civil Status

39. The Assembly fully concurs with the opinion expressed by the Committee of Ministers thatMember States could usefully arrange for the direct exchange between the competent authorities ofinformation concerning civil status. It notes that protocols concerning the International Commissionon Civil Status, set up in 1948 by an exchange of letters between Belgium, France, Luxembourg, theNetherlands and Switzerland, had been signed by those countries on 25th September, 1950, and 25thSeptember, 1952, whereby other States may become members of the Commission. So far, onlyTurkey has accepted the invitation. - The Assembly readily supports the view of the Committee of Ministers that the ten Members of theCouncil of Europe which are not yet members of the Commission should also take part in its work.

Simplification of frontier formalities for travellers

40. The Assembly welcomes the decision of the Committee of Ministers to include this question inthe programme of work of the Council of Europe and obaerves with satisfaction that the importanceof its proposals is appreciated and recognised by the Committee of Ministers which finds them "avaluable source of inspiration". The Assembly can assure the Ministers that, in response to theirinvitation to continue its work on these questions, it will spare no effort to secure improvements inthe present situation and will not be content until this aim is realised.

41. The Assembly nevertheless finds it difficult to underetand why the Committee of Ministers'expression of intention has not so far been backed up by positive action on its part during the wholeyear which has elapsed since Recommendation 51 (1953) was passed by the Assembly. This situationis thought by the Assembly to be unfortunate, and it is hoped that appropriate action will be taken bythe Committee of Ministers without further delay.

42. The Ministers have, it is true, and this gesture is appreciated, transmitted the comments of thirteenGovernments on Recommendation 51 to the appropriate Sub-Committee of the Committee on Legaland Administrative Questions. While these replies show some improvement in the attitude of someGovernments as compared with previous statements, the Assembly regrets that there should still becomparatively little understanding and insufficient appreciation among certain Governments of theneed for reforms and of the very real possibilites of achieving them. A study of the comments ofsome Member Governments gives the impression that the views expressed on certain points may not be so much the views of Governments as those of their permanent officials at home. The Assemblycannot accept many of the comments put forward, which seem to be based on the immutableprinciple that frontier formalities are one of the assumed discomforts of life.

43. The Assembly would, therefore, welcome a thorough and broad discussion at the Ministerial levelof the possibility of reforms such as have been recently carried out successfully in the Scandinaviancountries. The appropriate Assembly Sub-Committee recently had occasion, through the courtesy ofthe Danish authorities, to inspect the system of control recently instituted between the Scandinaviancountries. It is quite convinced that equally radical yet practical measures can very well be taken byother European countries to free travel from unnecessary und useless restrictions and formalities. Theexperience of the Scandinavian countries shows conclusively that many of the technical difficultiesmentioned by certain Governments are not insuperable and can be overcome with a little effort ofgood will and imagination.

44. It is to the Ministers themselves and their Deputies that the Assembly looks for prompt, resoluteand far-seeing measures of simplification. As was pointed out in the Assembly's two reports, thewhole range of existing frontier formalities should be approached with a fresh mind. Wherever itcannot be proved that their abolition would, in practice, result in generally harmful consequences,formalities should be swept away.

45. The Assembly formally pledges its support in this task. Already the legislatures in France and theGerman Federal Republic are about to take important decisions in these matters. Individual membersof the Assembly have undertaken to urge Member Governments in their national Parliaments toimplement the decisions of the Assembly. It is greatly to be hoped that, as a result of a combinationof all these endeavours on the part of the Assembly and the Committee of Ministers, MemberGovernments will now join together, in the words of the Committee of Ministers, "with the aim ofreducing to a minimum the delays and hindrances to which travellers in Europe are subject".

National Minorities

46. The Assembly recalls, moreover, that, in Document 77 of 1949 and in Document 6 of 1950, theattention of the Committee of Ministers was twice drawn to the need for a more precise definition ofthe rights of national minorities, the principle of which was later included in Article 14 of theConvention for the Protection of Human Rights and Fundamental Freedoms. If the Committee ofMinisters were of opinion that it is desirable to guarantee to national minorities other rights than thenon-discrimination stipulated in this Convention, it would seem appropriate for this matter to bereferred to and studied by the Commission of Human Rights.