B Explanatory memorandum
by Ms Rian Vogels, rapporteur
1 Introduction
1.1 The
initial reference to apply ethical standards to the members of all
delegations and other guests participating in the work of the Parliamentary
Assembly
1. On 25 June 2025 the Committee
on Rules, Ethics and Immunities tabled a
motion for a resolution “Applying ethical standards to the
members of all delegations participating in the work of the Parliamentary Assembly”.
2. The purpose of this motion was to enable the Assembly to review
its rules of procedure, and amend them, where necessary, to apply
the Code of Conduct for members of the Assembly (hereafter “Code
of Conduct”) to all those participating in the work of the Assembly.
This includes all Guests of the Assembly – members of special guest
delegations, members of observer delegations, members of partner
for democracy delegations and other guests, such as members of the
delegation of the Assembly of Kosovo*
Note,
elected representatives of the Turkish Cypriot community, as well
as members of the representative delegation of the Belarusian democratic
forces.
3. In undertaking this work, consideration should be given to
aligning, where appropriate, the rules of procedure, standards and
protections applicable to guests with those applicable to members
of the Assembly. The most recent general revision of the Parliamentary
Assembly’s Rules of Procedure led to
Resolution 2656 (2026) “Restructuring and streamlining of the Assembly’s Rules
of Procedure”. As any amendments to the Rules of Procedure will
apply to the revised version of the Rules, any subsequent reference
to the Rules of Procedure shall be understood as references to the
revised rules, which will enter into force in January 2027.
1.2 The
subsequent reference on restructuring and streamlining of the Rules
of Procedure: Guests of the Assembly
4. In the most recent general
revision of the Parliamentary Assembly’s Rules of Procedure,
Resolution 2656 (2026) “Restructuring and streamlining of the Assembly’s Rules
of Procedure”, the Assembly resolved to “restructure and streamline
its complementary texts”, to “ensure the overall coherence of the
entire body of its procedural texts”. The aim of this effort is
not to introduce significant amendments, but to make the Rules more user-friendly.
Information
Note AS/Rul (2026) 14 sets out the methodology and structure for the restructuring and
streamlining exercise, as well as transposition tables to assist
in understanding the intention and relationship between the “old
rules” and the “new rules”.
5. On 22 June 2026, as follow-up to
Resolution 2656 (2026), the Bureau instructed the Committee on Rules, Ethics
and Immunities, to take into account the issue of “Restructuring
and streamlining the Rules of Procedure: Modalities concerning guests
of the Assembly” in the report “Applying ethical standards to the members
of all delegations participating in the work of the Parliamentary
Assembly”.
6. As for
Resolution
2656 (2026), any significant “material” changes are outside the
scope of this project, which is a streamlining exercise. Updates
to ensure readability, to ensure coherence and consistency in procedures
in otherwise similar or identical processes, to reflect procedural
practices, such as to better incorporate consistent interpretations
of how the rules are applied in practice, are within scope, as these
better convey the meaning and intention of these provisions.
7. The approach taken has been to incorporate not only the specific
provisions on Guests of the Assembly but also the provisions on
the external relations given the extent of overlap between these
themes and relevant complementary texts. This would combine the
helpful and recently revised Guidelines on the external relations of
the Assembly, together with relevant rules on Guests of the Assembly
(special guests, observers, partners for democracy and other guests).
8. For the sake of consistency, I have produced an information
note in the same style as those that accompanied
Resolution 2656 (2026) to ensure transparency and to assist in understanding
the intention and relationship between the “old rules” and the “new
rules” concerning the Assembly’s external relations. As for other
information notes as part of this wider restructuring project, this
information note sets out transposition tables – one table shows
the new rules, setting out for each rule, the former rule(s) from
which they flow; the other table shows the old rules and sets out
where each old rule can now be found. This note will be declassified
and made publicly available on the Rules Committee webpage.
9. Given the age of some of the texts in this part of the Rules
of Procedure, it has been necessary to make certain updates to reflect
current practice, to streamline and harmonise provisions as between
the rules and the complementary texts, and to elucidate on interpretations
previously given as to how these rules should apply in practice.
Notably:
- definitions have been
provided for four categories of guests participating in the work
of the Assembly and/or of its committees, namely: special guest
delegations, observer delegations, partners for democracy delegations
and other guests participating in the work of the Assembly and/or
its committees on the basis of specific arrangements (pursuant to
an Assembly resolution based on a report by the Committee on Political
Affairs and Democracy);
- this fourth category of “other guests” currently includes
the members of the delegation of the Assembly of Kosovo (pursuant
to Resolution 2094 (2016)), the elected representatives of the Turkish Cypriot Community
(pursuant to Resolutions
1113 (1997) and 1376 (2004)) and the representative delegation of
the Belarusian democratic forces (pursuant to Resolution 2530 (2024));
- the procedures for granting, suspending and withdrawing
observer and partner for democracy delegations have been clarified
in line with the current practice that such decisions should be
taken by a resolution of the Assembly following a report prepared
by the Committee on Political Affairs and Democracy, with an opinion
by other relevant Assembly committees either systematically (in
the case of partner for democracy status) or optionally, on a case
by case basis (in the case of observer status). For the granting
of special guest status, as this procedure goes hand in hand with
a procedure on an accession request (involving a report by the Committee
on Political Affairs and Democracy, with an opinion prepared by
two other committees), the current process of a simple Bureau decision
ratified by the Assembly can be maintained;
- the cross-references and process concerning credentials
for special guest delegations have been updated to correspond to
the credentials process for member State delegations (the existing
text referred to an outdated process).
10. For the sake of coherence, it is important that this work
is adopted in time to enter into force at the beginning of the January
part-session – at the same time as the revised rules of procedure.
2 Background on the ethical framework
11. The Assembly has put in place,
and over the years continually refined and updated, the Code of
Conduct applicable to its members. The Assembly has thus repeatedly
reaffirmed its commitment to upholding the highest standards of
ethics and professional conduct in all its activities. These standards,
as outlined in the Code of Conduct, are essential for fostering
transparency, accountability, and trust in democratic institutions, and
in particular in the work of the Assembly.
12. Guests participating in the work of the Assembly play an important
role, contributing valuable insights and perspectives to its debates
and reports. Their participation enhances the Assembly’s impact,
scope and its standing as a value-based institution in their respective
countries. Ensuring the Code of Conduct applies – as appropriate
– to all actively participating in the work of the Assembly is essential
for maintaining the Assembly's integrity and ensuring a shared set
of ethical standards that is applied to all those participating
in the Assembly’s deliberations. By encouraging solid ethical standards,
the Assembly reinforces the central importance of robust ethical
standards and values in respect of all who contribute to its work,
thereby enhancing the legitimacy and public confidence in the institution.
3 Process
by which members of the Assembly are made aware of and are bound
by the Code of Conduct for members of the Assembly
13. The Code of Conduct currently
applies “to members in all aspects of their public life relevant
to their duties as members of the Parliamentary Assembly” (rule
D.1.2 of the revised Code of Conduct). Article A.5.1 of the Basic
Principles specifies that:
“In the exercise of their duties, the members
of the Assembly shall undertake to comply with the principles and
rules set out in the Code of Conduct for members of the Parliamentary
Assembly and other ethical regulations”.
14. The credentials of members of a national delegation must be
accompanied by a signed written statement by the individual member
(Rule B.1.2.c. of the Rules on the Functioning of the Assembly).
The wording of the statement is as follows:
“I, the undersigned, …, hereby
affirm and state that I will subscribe to the aims and basic principles
of the Council of Europe, mentioned in the preamble, in Article
1.a and in Article 3 of the Statute of the Council of Europe, and
Article A.2 of the Basic Principles of the Assembly. I declare that
I have read and understood the Code of Conduct for members of the
Parliamentary Assembly and I undertake to abide by its provisions”.
15. Other specific rules relating to conduct and order include
Rule B.14.1 (which provides that the President ensures the observance
of the Rules and maintains order), Rule B.33 (maintenance of order),
as well as specific provisions in the complementary texts.
16. Rule B.33.6 specifically prohibits the use of “words or expressions
which affront human dignity, undermine the right to respect for
private life, or which may prejudice orderly debate”. The rest of
Rule B.33 sets out options for the President to maintain order during
proceedings and the steps are sequential:
- for a first disturbance, the President may call to order
a member of the Assembly (Rule B.33.1);
- if the disturbance is repeated, the President shall call
the member to order for a second time and record this in the report
of the debates (Rule B.33.2);
- if the disturbance continues or is repeated, the President
shall direct the individual to resume his or her seat or exclude
that member from the Chamber for the remainder of the sitting (Rule
B.33.3);
- in serious cases the President may propose to the Assembly
a motion of censure which would involve immediate expulsion from
the Chamber for two to five sitting days. (Rule B.33.4 and B.33.5).
17. In conclusion, none of the general provisions of the Rules
of Procedure or the Code of Conduct explicitly specify that they
apply to Guests of the Assembly. It is highly likely that the provisions
would be interpreted as applying (mutatis
mutandis, if necessary).
4 Applying
ethical standards to the members of all guest delegations and other
guests participating in the work of the Assembly
18. Following discussions in the
Committee on Rules, Ethics and Immunities, I invited all special
guest, observer and partner for democracy delegations, as well as,
from among the other guests, the members of the delegation of the
Assembly of Kosovo and the elected representatives of the Turkish
Cypriot community to an exchange of views within the committee.
Members of the observer delegation of Canada and elected representatives
of the Turkish Cypriot community took part in this exchange of views.
19. The preliminary conclusion following these exchanges is that
provisions relating to the maintenance of order and the Code of
conduct should apply (mutatis mutandis)
to Guests of the Assembly, with the exception of the detailed provisions
on declarations of interest and those with specific roles within
the Assembly, which are arguably disproportionate for Guests of
the Assembly. It was agreed that the Rules of Procedure would be improved
by greater clarity as to the application of conduct provisions to
Guests of the Assembly.
4.1 Extent
of engagement of Guests of the Assembly in its work
20. In part, the proportionality,
necessity and relevance of different requirements of the Assembly’s
ethical framework depends on the extent to which Guests of the Assembly
participate in the work of the Assembly. In brief:
- None of the Guests of the Assembly
can vote in either committees or in plenary.
- Members of special guest delegations, observer delegations
and partner for democracy delegations can speak in plenary. Among
the other guests, the delegation of the Assembly of Kosovo and the
elected representatives of the Turkish Cypriot community can also
speak in plenary, while the members of the representative delegation
of the Belarusian democratic forces cannot.
- Members of special guest delegations, observer delegations,
partner for democracy delegations and all other guests can attend
and speak in meetings of the thematic committees. They may not attend meetings
of the institutional committees, the Bureau and the Joint Committee.
- None of the Guests of the Assembly can be appointed to
specific roles within the Assembly, with the exception of certain
Partner for democracy delegations with additional rights who can
be appointed as rapporteur for information only – this is currently
the case only for Morocco.
4.2 Declaration
to respect the values by Guests of the Assembly: should Guests of
the Assembly have to sign a declaration to respect the Council of
Europe’s values?
21. When members of the Assembly
submit their credentials, they must complete a declaration stating
that they subscribe to the aims and principles of the Council of
Europe, and that they have read and will abide by the Code of Conduct.
The same rules apply to special guest delegations. The relevant
wording is:
“I,
the undersigned, …., hereby affirm and state that I subscribe to
the aims and basic principles of the Council of Europe and its Assembly,
mentioned in the preamble, in Article 1.a and in Article 3 of the Statute
of the Council of Europe, and Article A.2 of the Basic Principles
of the Assembly. I declare that I have read and understood the Code
of conduct for members of the Parliamentary Assembly and I undertake
to abide by its provisions”’.
22. Other than special guest delegations (of which there are currently
no active delegations), Guests of the Assembly do not submit their
credentials for ratification. Instead:
- Observer and partner for democracy delegations submit
a list of names which is transmitted to the Table Office and then
added to the webpage without any consideration by the Bureau or
the Assembly.
- The names of the other guests are considered by the Bureau
and then ratified by the Assembly through the Progress Report.
23. Most of these delegations are subject to similar procedural
requirements as for member delegations (gender, fair representation
of the political parties or groups), but as the process for considering
the list of names varies, the practical application of these criteria
is not always as exigent for Guests of the Assembly. The procedural
requirement to sign a declaration to respect the values of the Council
of Europe or abide by its ethical standards is, however, absent
for Guests of the Assembly (other than special guest delegations).
24. In light of the active engagement of all Guests of the Assembly
in its work and in line with the conclusion of the hearing and discussions
we held in the committee, I propose that when the composition of
their delegation is submitted at the beginning of the session, members
from observer delegations, partner for democracy delegations and
all other guests (namely the delegation of the Assembly of Kosovo,
the elected representatives of the Turkish Cypriot community and
the members of the representative delegation of the Belarusian democratic
forces) should also be required to make a bespoke declaration to
respect the values of the Council of Europe and to abide by its
ethical standards. Possible language could be:
“I, the undersigned, …., hereby
affirm and state that I will conduct my activities linked to the Parliamentary
Assembly of the Council of Europe in a manner consistent with the
values and ethical standards of the Council of Europe. I declare
that I have read and understood the Code of conduct for members
of the Parliamentary Assembly and I undertake to abide by its provisions”’.
4.3 Declarations
of interests by Guests of the Assembly: should the Assembly require
Guests of the Assembly to make a declaration of interests?
25. At present, a written declaration
of interests is only required from member State delegations. It
is important to consider whether this is correct or whether one
should be required from Guests of the Assembly with enhanced participation
rights.
26. A declaration of interest is required from all members of
the Assembly (irrespective of whether they have a special role).
Indeed, a member cannot take the floor without making an oral or
written declaration of interests. However, members of the Assembly
can speak and vote in all proceedings, whereas Guests of the Assembly
can never vote in proceedings, and have somewhat more limited speaking
rights.
27. I consider that a declaration of interests should not be required
from Guests of the Assembly as they do not have decision-making
powers such as the right to vote or a right to take on specific
roles within the Assembly. However, in light of this, there should
be a clear obligation on Guests of the Assembly to make an oral
declaration in a debate if they have any interests relevant to a
debate.
28. Members of partner for democracy delegations with enhanced
rights (for example to be rapporteur for an information report)
should be required to make a declaration of interests within 30
days if appointed rapporteur.
5 Conclusion
29. Whilst this report benefits
from a substantive reference in relation to applying the ethical
framework to Guests of the Assembly, the reference that is part
of the restructuring and simplification project excludes scope for
significant substantive amendments. For that element of this work
I have therefore sought to retain the drafting style as for the
restructuring of the Rules of Procedure of the Assembly, whilst
ensuring that any interpretations as to how procedures would be
implied are set out more clearly in the modalities for the external relations
of the Assembly.
30. As concerns the Assembly’s ethical framework, it is important
that ethical standards applicable are proportionate and realistic
to the level of active engagement in the work of the Assembly and
that all active participants in the work of the Assembly have clarity
as to the ethical standards that apply to their conduct within the
Assembly. Specifically, I conclude that:
- the Code of conduct should also apply, mutatis
mutandis, to Guests of the Assembly;
- guests of the Assembly should be required to make a written
statement subscribing to the values of the Council of Europe when
their names are submitted;
- guests of the Assembly should not be required to make
a written declaration of interests, unless a member of a partner
for democracy delegation is appointed as a rapporteur for an information
report.
