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Reinforcing the effectiveness of Council of Europe
treaty law

Recommendation 1920 (2010)1

1.       The
Parliamentary Assembly, referring to its
Resolution 1732 (2010) on reinforcing the effectiveness of
Council of Europe treaty law, considers that one of the
Council of Europe's main functions is to draw up standards on
human rights and the rule of law that together form a coherent
body of European conventions. It therefore asks the Committee
of Ministers to:

1.1.
approve an action plan to secure the early ratification by
all member states of the core Council of Europe treaties, as
defined in the appendix to the Assembly resolution, with the
fewest possible reservations;

1.2.
urge member states to withdraw their reservations,
derogations and restrictive declarations concerning Council
of Europe treaties, particularly the European Convention on
Human Rights, and instruct the Committee of Legal Advisers
on Public International Law (CAHDI) to intensify its
existing efforts in this area to reduce the use of such
clauses;

1.3.
agree on an action programme of new conventions to be drawn
up, as a matter of priority, over the next five years;

1.4.
instruct the Steering Committee on Human Rights (CDDH), the
European Committee on Legal Co-operation (CDCJ) and the
European Committee on Crime Problems (CDPC), in close
co-operation with the Council of Europe's Legal Advice
Department and the Treaty Office, to examine the binding
legal instruments within their respective areas of
authority, with a view to identifying:

1.4.1.
treaties that are still relevant but require updating;

1.4.2.
treaties that are obsolete and should be abrogated;

1.4.3.
treaties which have lost their relevance and have not come
into force within a certain number of years of their
adoption and which should be withdrawn;

1.5.       in
the light of changes in European law within the European
Union, particularly the advent of framework decisions or
community acts, consult the CAHDI on the possible adoption
by the Council of Europe of pan-European model acts to
supplement its treaties.

2.       The
Assembly is also concerned about the possible effects of the
increased use, at the request of the European Union, of
so-called disconnection clauses in Council of Europe treaties.
To ensure the coherence of Council of Europe treaty law, and
to avoid establishing new dividing lines in Europe, it asks
the Committee of Ministers to draw up strict guidelines to
control this practice, based on the work of the CAHDI. The
Assembly also urges the European Union to accede to the
Council of Europe's conventions, in particular the European
Convention on Human Rights, as provided for in the Lisbon
Treaty.

1 Text adopted by the Standing
Committee, acting on behalf of the Assembly on 21 May 2010
(see Doc.
12175, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Prescott).

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