Ministers’ Deputies

Notes on the Agenda

CM/Notes/800/2.4 (restricted) 18 June 2002

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800 Meeting, 20 June 2002
2 Political questions

2.4 Compliance with commitments by member states of the Council of Europe – Declaration of the Committee of Ministers of 10 November 1994: vade-mecum
 

Reference documents
CM/Del/Dec(2002)/799/2.5

CM/Del/Dec(2002)/795/2.3

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Action The Deputies are invited to adopt the decision which appears hereafter.

The Deputies adopted the provisional Chairman’s summing-up following the 787th meeting (in camera) (15 April 2002) at their 799th meeting (13 June 2002, item 2.5) and agreed to return to the adjustments to be made to the vade-mecum of the thematic monitoring procedure of the Committee of Ministers at their 800th meeting (20 June 2002) in the light of further consultations.

These consultations, which particularly included discussions among the authors of the proposals, i.e. the “four L” countries, have now taken place.

Financing assured: YES

DRAFT DECISION

800th meeting – 20 June 2002

Item 2.4

Compliance with commitments by member states of the Council of Europe – Declaration of the Committee of Ministers of 10 November 1994: vade-mecum
(CM/Del/Dec(2002)/799/2.5, CM/Del/Dec(2002)/795/2.3)

Decision

The Deputies approved the adjustments made to the Vade Mecum of the thematic monitoring procedure of the Committee of Ministers as they appear in the Appendix to present Notes and consequently instructed the Secretariat to publish a revised Vade Mecum.

Appendix

Revised Vade Mecum of the Committee of Ministers Thematic Monitoring Procedure

Introductory remarks

The monitoring procedure of the Committee of Ministers started functioning in 1996. It is based on the 1994 Committee of Ministers Declaration on compliance with commitments accepted by member States of the Council of Europe. It consists of political monitoring based on a confidential, non-discriminatory approach.[1]

This procedure was set up as a result of the first Summit of Heads of State and Government held in Vienna in 1993.  The Heads of State and Government of the Council of Europe member countries declared then that they were “… resolved to ensure full compliance with the commitments accepted by all member States within the Council of Europe”.

The Committee of Ministers monitoring has until now mainly focused on specific themes selected by the Committee of Ministers; the reports describe the situation with regard to a given theme in all member States. Since the procedure was introduced, eight “themes” (initially called “areas of concern”) have been dealt with, namely freedom of expression and information, functioning and protection of democratic institutions, functioning of the judicial system, local democracy, capital punishment, police and security forces effectiveness of judicial remedies and non-discrimination, with emphasis on the fight against intolerance and racism.

At least three meetings of the Committee of Ministers (Ministers' Deputies) are devoted every year to the question of monitoring.

The monitoring procedure

1. Based on proposals put forward by Delegations, the Committee of Ministers identifies a theme which requires priority treatment.

1.         Preparatory phase (factual overview and debate)

                        Factual overview

2.         Subsequent to the choice of the theme, and after consultation within the Committee of Ministers, a short questionnaire of no more than three questions is transmitted to all member states at least four months prior to a Ministers’ Deputies monitoring meeting. The Monitoring Department should append, where appropriate, an explanatory memorandum to the questionnaire.[2]

3.         Replies to these questions (not to exceed of 1,000 words) are transmitted to the Monitoring Department at least eight weeks prior to the said Ministers’ Deputies monitoring meeting. Both the questions and replies are made public. This information may then be supplemented by comments prepared by the Secretariat, in which the latter identifies issues which might merit further consideration.  In preparing these comments, the Monitoring Department - as a co-ordinator of Directorates' General activities in this field - relies on all relevant information it has been able to obtain. These comments remain confidential.

4.         The overview consists of the questionnaire, replies thereto and Secretariat comments. It is distributed to member States at least four weeks before the Deputies monitoring meeting.

Any additional observations with regard to the Secretariat comments and/or information provided by member States are transmitted to the Secretariat at the latest during the Deputies monitoring meeting and are taken into account in a consolidated version of the overview to be issued after this meeting.

                        Debate

5          The second stage consists of debate on compliance, by member States, with commitments entered into.

6.         Experts from capitals may assist Delegations in carrying out initial consideration of themes.

7.         Procedural matters (and discussion of follow-up on monitoring issues) should, wherever possible and appropriate, be dealt with at regular meetings of the Deputies. Such discussions will be held in camera, as required.

8.         The preparatory phase comes to a close after the debate. The Chairman of the Ministers’ Deputies will then present his summing-up.

2.         Operational phase (conclusions and follow-up)

                        Conclusions

9.         The first stage of the operational phase takes the form of conclusions. The Chairman's summing-up is supplemented by a set of conclusions agreed upon by the Deputies, which take the form of "decisions".[3]

                        Follow-up

10.       After the Committee of Ministers’ conclusions comes the final stage in the procedure, consisting of follow-up, as previously agreed. This can take a number of forms, such as adjustments to intergovernmental work, review of the Council of Europe’s co-operation programmes (former ADACS programme) and "specific action" as envisaged in paragraph 4 of the Declaration on compliance with commitments, adopted by the Committee of Ministers on 10 November 1994.

11.       The Parliamentary Assembly is periodically informed of progress made.[4]

12.       Subject to approval by the Committee of Ministers, the results and documentation of monitoring exercises should be made public to the largest extent possible.

13.       Where appropriate an evaluation should be made of the follow-up, within a reasonable time, with a view to closing consideration of matters discussed.

*          *

*

14.       The thematic monitoring procedure should be seen in the light of the Committee of Ministers readiness to make use of paragraphs 1 and 4 of the 1994 Declaration on compliance with commitments - as understood by the Heads of State and Government at their second Summit in 1997 - in order to address urgent, topical issues, and its insistence on the involvement and co-operation of the Organisation as a whole, in particular the operational Directorates General, in all stages of its monitoring procedure.
Outline of the Committee of Ministers' thematic monitoring procedure

*              Paragraph 4 of the Declaration of 10 November 1994 states that:

“The Committee of Ministers, in cases requiring specific action, may decide to:

                                        - request the Secretary General to make contacts, collect information or furnish advice;

-          issue an opinion or recommendation;

-          forward a communication to the Parliamentary Assembly;

-          take any other decision within its statutory powers.”

See also paragraph 10 of the Procedure for Implementing the Declaration of 10 November 1994, adopted on 20 April 1995.

These provisions may be implemented at any time, independently of the procedure described.