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A) Introduction to the Committee of Ministers, and the Parliamentary Assembly THE COUNCIL OF EUROPE 26 The Council of Europe is a political organisation, founded in 1949. Its aims are to guarantee democracy, human rights and the rule of law. All European states that are prepared to respect its principles may become members. Today, 43 states are part of the Organisation. The Council of Europe has two main organs. The Committee of Ministers represents the Governments of the Member States, and the Parliamentary Assembly represents the Parliaments of Member States. Both of these bodies are described in more detail below. 1) Committee of Ministers 27 The Committee of Ministers is the decision-making body of the Council of Europe comprising the ministers for foreign affairs of the forty Member States or their permanent representatives. It meets at least twice a year to review European co-operation and matters of political concern. Responsibilities of the Committee of Ministers Article 15(a) of the Statute of the Council of Europe allows the Committee of Ministers to conclude "conventions and agreements" in order to "further the aim of the Council of Europe". The text of a Convention is finalized when it is adopted by the Committee. The Committee also fixes the date that a Convention will be opened for signature. Conventions are only binding on those States that ratify them. The European Convention is one example of a Convention adopted by the Committee of Ministers. Article 15(b) of the Statute of the Council of Europe provides for the Committee of Ministers to make Recommendations to Member States on matters for which the Committee has agreed "a common policy". The Committee may adopt Recommendations given by the Parliamentary Assembly. Recommendations given by the Committee of Ministers relevant to reproductive and sexual health have been included in Section B which follows. Since 1993, Recommendations have also been adopted by the Committee in order to fulfill its functions under Article 29 of the European Social Charter. These Recommendations may be found in section C of Part V. The Committee may also adopt Declarations or Resolutions on international issues and other political questions, and may issue Replies to the Recommendations of the Parliamentary Assembly. Declarations, and Replies that have been issued by the Committee of Ministers relevant to reproductive and sexual health may be found in sections D and E respectively. The Committee of Ministers also ensures that European conventions and agreements concluded by Member States are actually implemented. This is a particularly crucial function in the case of human rights texts, the most important of which are the European Convention and the Social Charter. Under the European Convention, the Committee of Ministers is an integral part of the supervision system, with the task of making final decisions on cases which are not referred to the European Court of Human Rights. It is also responsible for ensuring that states comply with judgments given by the Court. The Committee retains the responsibility for this latter task despite the replacement of the European Court and Commission of Human Rights by a single permanent Court. 28 2) Parliamentary Assembly 29 The Council of Europe's Parliamentary Assembly is made up of 286 representatives and the same number of substitutes from the parliaments of the Member States. Each delegation's composition reflects that of its parliament of origin. The Parliamentary Assembly is a consultative body. Its Recommendations to the Committee of Ministers may however serve as a starting point for action in many key areas of the Council's work. http://www.coe.fr/index.asp http://www.coe.fr/cm/ see the Introduction in Part II for a discussion of the creation of a single court of human rights. http://stars.coe.fr/
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