B Explanatory memorandum by Mr Alvise
Maniero, rapporteur for opinion
1 Introduction
1. At the opening of the session
of the Parliamentary Assembly on 27 January 2020, the unratified credentials
of the Russian parliamentary delegation were challenged on substantive
grounds on the basis of Rule 8 of the Rules of Procedure. The challenge
referred to the ongoing legislative process in the Russian Federation
with regard to the proposed constitutional amendments and its possible
impact on the compliance of the Russian Federation with its commitments
and obligations in the Council of Europe and with recommendations
included in
Resolution
1990 (2014),
Resolution
2034 (2015),
Resolution
2063 (2015) and
Resolution
2292 (2019). In accordance with Rule 8.3, the Assembly referred
the credentials to the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring Committee)
for report and to the Committee on Rules of Procedure, Institutional
Affairs and Immunities for opinion.
2. On 28 January 2020, the Monitoring Committee adopted a report
and a draft resolution. The draft resolution proposes:
“the
Assembly does not consider Rule 8.2.a. or 8.2.b. applicable and
resolves to ratify the credentials of the Russian Federation”.
2 On the compatibility
of the proposed decision with the Assembly's Rules of Procedure
3. The rapporteur considers that
it is the responsibility of the Committee on Rules of Procedure,
as part of its mandate, to examine the compatibility with the Rules
of Procedure of the decision not to apply 8.2.a. or 8.2.b and to
ratify the credentials of the Russian Federation proposed by the
Monitoring Committee.
4. The rapporteur notes that to date, there is no other framework
for the implementation of Rule 8.2.a. or 8.2.b than
Resolution 1115 (1997)Note and
the Opinion to the Bureau of the Assembly that the Rules Committee approved
on 30 September 2014.
Note
5. The above-mentioned Opinion to the Bureau of the Committee
on Rules of Procedure:
- draws
up a list of rights of participation and representation in the activities
of the Assembly and its bodies that may be suspended or deprived
in the context of a challenge to credentials, while pointing out
that such a list cannot be exhaustive;
- establishes a rigorous general framework to ensure that
the Assembly’s decision on the deprivation or suspension of rights
is clear, consistent, rational and understandable, namely that any
decision by the Assembly to adopt sanctions should retain a degree
of regulatory rationality and legal consistency so as to meet the
need for legal certainty which must apply to any decision of this
importance.
6. In accordance with Rule 10.1 of the Rules of Procedure, the
Monitoring Committee can propose, in its report:
- not to ratify the credentials
of the delegation;
- to ratify the credentials of the delegation;
- to ratify the credentials of the delegation, while depriving
its members of some of the rights of participation or representation
in the activities of the Assembly and its bodies or suspending the
exercise thereof (immediate or deferred deprivation).
7. On 24 June 2019, the Assembly adopted
Resolution 2287 (2019) "Strengthening the decision-making process of the Parliamentary
Assembly concerning credentials and voting" which supplemented Rule
10.1.c. by adding the following clarification:
"The members’ rights to vote,
to speak and to be represented in the Assembly and its bodies shall
not be suspended or withdrawn in the context of a challenge to or
reconsideration of credentials.”
8. As it appears from the report, the Monitoring Committee has
examined all the substantive grounds mentioned in Rule 8.2.a. and
8.2.b. and did not find that there were any facts which could give
rise to apply any of those grounds in respect of the Russian Delegation.
The Monitoring Committee therefore concluded that the credentials
of the Russian Federation should be ratified. Having reviewed the
available material, the Committee on Rules of Procedure has not
found any reason not to follow the proposed conclusion.
9. Therefore, the rapporteur concludes that the Monitoring Committee's
proposal to ratify the credentials of the Russian Federation is
in accordance with the Assembly's Rules of Procedure.
