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Title: Правотворческий процесс в рамках Совета Европы
Other Titles: The Treaty-making Process in the Council of Europe (Larisa Lukina)
Authors: Лукина, Лариса Сергеевна
Keywords: ЭБ БГУ::ОБЩЕСТВЕННЫЕ НАУКИ::Государство и право. Юридические науки
Issue Date: 2003
Publisher: Международное общественное объединение по изучению ООН и информационно-образовательным программам
Citation: Белорусский журнал международного права и международных отношений. — 2003. — № 1
Abstract: ThThe article deals with the treaty-making process in the Council of Europe, which is one of the most respected international regional organizations. The treaty-making process is based on the practice of the Council of Europe as well as on the following documents: the Statute of the Organization (particularly Article 15), the 1951 Rules of Procedure of the Committee of Ministers, the 1959 Rules of Procedure for the Meetings of the Ministers' Deputies, Statutory Resolution (93) 27 on Majority Required for Decisions of the Committee of Ministers, Resolution (76) 3 on Committee. Structures, Terms of Reference and Working Methods and Rules of Procedure of the Parliamentary Assembly. The treaty-making process consists of the following stages: 1. Initiative to draft a treaty which may come from the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities in Europe, a Conference of Specialized Ministers or a Steering Committee. The initiative to draft a treaty is approved by the Committee of Ministers and is put on the annual program of activities. R 2. Drafting a treaty. The Committee of Ministers entrusts one of the steering committees (usually it is the steering £j committee on human rights or the steering committee on international law) with the task of drafting a new treaty. In practice the steering committee sets up a committee of experts composed of the representatives of the member-states. This committee is given specific terms of reference on the base of which the committee studies a certain problem, drafts a treaty, proposes an appropriate instrument of regulation (a recommendation or a convention) for adoption by the Committee of Ministers. The committee states its "conclusion in the form of unanimous, or, if this proves impossible, they shall make a majority recommendation and indicate the dissenting opinion" (Article 14 of Appendix И to Resolution (76) 3). 3. Consultation of the Parliamentary Assembly. In accordance with Article 23 of the Statute of the Council of Europe and Resolution (52) 26 on consultation with the Parliamentary Assembly, the Committee of Ministers may ask the Parliamentary Assembly for an opinion on any draft treaty. Thus, the Parliamentary Assembly gave its opinion on such conventions as the Convention on Human Rights and Biomedicine (ETS lf54,1997), European Convention on the Exercise of Children's Rights (ETS 160, 1996), Additional Protocol 11 (ETS 155, 1994) and Protocol 12 (04.11.2000) to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Committee of Ministers always takes into account censorious remarks of the Assembly. However, the Parliamentary Assembly is not satisfied with its role in the treaty-making process in the Council of Europe. For that reason it asked the Committee of Ministers to submit all draft conventions to the Assembly for approval before their adoption. 4. Adoption of the convention and opening the signature. In accordance with Article 20 of the Statute, the adoption of a treaty requires a two-thirds majority of the representatives casting a vote and a majority of the representatives entitled to sit on the Committee of Ministers. The procedure of the opening a treaty for signature is based on the Statutory Resolution (93) 27 on Majorities Required for Decisions of the Committee of Ministers. It states that "decisions on the opening for signature of conventions concluded within the Council of Europe shall be taken by a required two-thirds majority of the representatives casting a vote and a majority of the representatives entitled to sit on the Committee (of Ministers)". Thus, the treaty-making process within the Council of Europe is rather flexible as positions of all interested member states are taken into consideration. Participation of the representatives of the member states in the treaty-making process at different levels (i.e. on the level of the Committee of Ministers, steering committees and committees of experts etc.) promotes the adoption of conventions which will be implemented by the member-states. However, we should stress that the role of the Parliamentary Assembly in the treaty-making process is still not very high. This can be explained by the fact that the Committee of Ministers considers that the treaties, which regulate a very specific sphere of interstate activity hould be drafted with the help of experts in international law, famous scientists, who are not under influence of any political party. Keeping its position as the only norm-making organ in the Council of Europe, the Committee of Ministers is able to influence the member states in the problem of drafting, adoption, opening for signature and fulfillment of a treaty.
Description: Раздел "Международное право", рубрика "Международные организации"
URI: http://elib.bsu.by/handle/123456789/31666
Appears in Collections:Белорусский журнал международного права и международных отношений. — 2003. — № 1

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