The discipline of the members of the Parliamentary Assembly
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 22 November 2013 (see Doc. 13339, report of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, rapporteur: Mr Chope).
1. The Parliamentary Assembly reaffirms
its commitment to the right to freedom of expression, which is the most
important parliamentary privilege and an essential precondition
for the independence of elected representatives of the people. There
are various ways to express one’s position in the context of a political debate,
including by displaying symbols or logos or wearing a particular
garment or costume, which are protected by the right to freedom
of expression. Nonetheless, whoever exercises their freedom of expression also
has duties and responsibilities, the scope of which will depend
on the situation and the means used.
2. It is therefore imperative to strike a fair balance between
freedom of expression in the Assembly and the protection of a person’s
reputation and honour, as well to take into account the need to
guarantee the smooth running of the Assembly’s business. Assembly
Resolution 1854 (2011) on
ensuring protection against attacks on a person’s honour and reputation
was an important step in this direction.
3. In recent years, the Assembly has had to deal with cases in
which the behaviour of its members has been criticised by colleagues
and non-governmental organisations, thus undermining, directly or
indirectly, the honour and reputation of members, and the institution
in general. Moreover, some unusual incidents have occurred in the
Assembly Chamber or during committee meetings, suggesting that they
may be repeated or become more common or more serious in the future.
Breaches of existing ethical rules and the poor conduct of parliamentarians
in parliamentary fora, including the Assembly, undermine representative
democracy as a whole and send the wrong message to citizens.
4. Therefore, recalling Rule 12 of the Assembly’s Rules of Procedure
and the code of conduct for members of the Assembly, the Assembly
considers it necessary to supplement the existing provisions regarding
its members’ conduct in order to help the President of the Assembly
and the committee chairpersons interpret the Rules of Procedure,
take appropriate action to maintain order and ensure that meetings
proceed smoothly and in a way that respects members’ freedom of
expression.
5. The Assembly is entitled, under Article 28 of the Statute
of the Council of Europe (ETS No. 1), to adopt its rules and manage
its internal affairs; it has therefore the right to discipline its
members for misconduct and the power to impose penalties for any
interference with its rules.
6. Accordingly, the Assembly decides to amend the complementary
texts of its Rules of Procedure by:
6.1 supplementing the “Additional provisions relating to the
Assembly debates” with the following new provisions under the heading
“Conduct of members of the Parliamentary Assembly during Assembly debates
(Rule 21 of the Rules of Procedure)”:
“Pursuant to Rules 19.1 and 21 of the Rules of Procedure,
the President of the Assembly maintains order and decorum and ensures
that debates are conducted in a civil and orderly manner, in conformity
with the rules and practices in force. Members of the Parliamentary Assembly
shall behave in a courteous, polite and respectful manner towards
each other and towards the President of the Assembly or any other
person who is presiding. They shall refrain from any action that
may disrupt the proceedings. This provision shall apply mutatis mutandis to meetings of
the Bureau and of committees. With regard to Assembly members’ discipline
and observance of the rules of conduct, paragraphs 17 to [20] of
the code of conduct for members of the Parliamentary Assembly shall
apply”;
6.2 adding in the code of conduct for members of the Parliamentary
Assembly, at the end of paragraph 19, the following sentence: “and/or
inform the speaker of the national parliament concerned. In cases
of serious or repetitive breaches of the rules of conduct by a given
member, and in accordance with the powers and responsibilities granted
to the President of the Assembly in the Rules of Procedure, the
President may take one or several of the following decisions: temporary
deprivation of the right to speak and to be enrolled on the list
of speakers; temporary deprivation of the right to sign an amendment,
a motion or a written declaration. The President shall inform the
Assembly accordingly.”
