CYIL vol. 10 (2019)

EMIL RUFFER CYIL 10 ȍ2019Ȏ Observer Status, 32 which introduced a possibility of the increased co-operation with non- member States in the statutory framework. The precondition for observer status is the acceptance, by the applying State, of the principles of democracy, the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms. The observer status may be granted by the CM, after consulting the Parliamentary Assembly (hereinafter as the “PACE”). According to the Statutory Resolution (93) 26, the observer status contains the following rights: – to send observers to those of the CoE Committees of experts which were set up under Article 17 of the Statute and to which all member States are entitled to designate participants (i.e. advisory and technical committees of experts, including the CM subsidiary / rapporteur groups); – to send observers, upon invitation by the host country, to conferences of specialised ministers; – subject to a decision in accordance with the rules applicable to the respective agreement, to be invited to participate in the activities of Partial, Enlarged or Enlarged Partial Agreements; – to appoint a permanent observer to the CoE. However, observer status gives no right to be represented on the CM or the PACE, unless a specific decision has been taken by one of these organs on its own behalf. Further, the Statutory Resolution (93) 26 provides for a possibility to grant observer status to an international intergovernmental organisation, willing to co-operate closely with the CoE and deemed able to make an important contribution to its work. The status would be granted by the CM, after consulting the PACE. Such observer status could provide only the rights set out in Articles II, III and IV of the Statutory Resolution (93) 26, namely: (i) to send observers to the CoE Committees of experts; (ii) to send observers to conferences of specialised ministers; and (iii) to be invited to participate in the activities of Partial, Enlarged or Enlarged Partial Agreements. It is worth noting in this context that the scope of rights defined above (set out in Articles II, III and IV), which can be given to an international intergovernmental organisation, does not include the right to be represented in the CM meetings, which is governed by Article V of the Statutory Resolution (93) 26. The CoE has currently the following observer States (in alphabetical order): Canada, Holy See, Japan, Mexico and United States of America. 33 All of the observer States are entitled to participate in the meetings of the “subsidiary groups”. 34 According to the 33 The observer status, on the basis of the relevant CM resolutions and decisions, has been applicable to the Holy See since 1970, the United States since 1995, Canada since 1996, Japan since 1996 and Mexico since 1999. 34 “Subsidiary groups” are permanent informal working structures of the CM, comprising rapporteur groups, thematic coordinators and ad hoc working parties. They have no decision-making power and their task is to prepare decisions for adoption by the CM. There are currently 7 rapporteur groups: GR-C (Education, Culture, Sport, Youth and Environment); GR-DEM (Democracy); GR-EXT (External Relations); GR-H (Human Rights); GR-J (Legal Co-operation); GR-PBA (Programme, Budget and Administration); GR-SOC (Social and Health Questions). 32 Statutory Resolution (93) 26 on Observer Status, adopted by the Committee of Ministers on 14 May 1993 at its 92 nd Session.

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