1991. évi LXXI. törvény
az Európa Tanács 1949. évi május 5-én, Londonban aláírt és az Európa Tanács Főtitkárának 1951. május 22-i, 1951. december 18-i, 1953. május 4-i, 1958. május 30-i, 1961. november 3-i, 1963. május 6-i, 1965. május 24-i, 1970. október 14-i, 1971. február 17-i, 1974. december 9-i, 1976. október 2-i, 1978. január 9-i, 1978. január 20-i és 1978. november 27-i jegyzőkönyvei szerint módosított Alapszabályának kihirdetéséről1
(A Magyar Köztársaság csatlakozási okiratának letétbe helyezése az Európa Tanács főtitkáránál 1990. november 6-án megtörtént.)
1. § Az Országgyűlés az Európa Tanács, 1949. május 5-én, Londonban aláírt és az Európa Tanács Főtitkárának 1951. május 22-i, 1951. december 18-i, 1953. május 4-i, 1958. május 30-i, 1961. november 3-i, 1963. május 6-i, 1965. május 24-i, 1970. október 14-i, 1971. február 17-i, 1974. december 9-i, 1976. október 2-i, 1978. január 9-i, 1978. január 20-i és 1978. november 27-i jegyzőkönyvei szerint módosított Alapszabályát e törvénnyel kihirdeti.
2. § Az Európa Tanács Alapszabályának eredeti angol nyelvű szövege és annak hivatalos magyar fordítása a következő:
Statute of the Council of Europe
signed at London on 5 May 1949, and amended in
conformity with Certificates of the Secretary General
of the Council of Europe dated 22 May 1951,
18 December 1951, 4 May 1953, 30 may 1958,
3 November 1961, 6 May 1963, 24 May 1965,
14 October 1970, 17 February 1971,
9 December 1974, 2 October 1976, 9 January 1978,
20 January 1978 and 27 November 1978
The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation;
Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy;
Believing that, for the maintenance and further realisation of these ideals and in the interests of economie and social progress, there is nedd of a closer unity between all like-minded countries of Europe;
Considering that, to respond to this need and to the expressed aspirations of their peoples in this regard, it is necessary forthwith to create an organisation which will bring European States into closer association.
Have in consequence decided to set up a Council of Europe consisting of a Committee of representatives of Governments and of a Consultative Assembly, and have for this purpose adopted the following Statute:
Chapter I
Aim of the council of Europe
Article 1
a) The aim of the Council of Europe is to achieve a greater unity between its Members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.
b) This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and adminisrative matters and in the maintenance and further realisation of human rights and fundamental freedoms.
c) Participation in the Council of Europe shall not affect the collaboration of its Members in the work of the United Nations and of other international organisations or unions to which they are parties.
d) Matters relating to national defence do not fall within the scope of the Council of Europe.
Chapter II
Membership
Article 2
The Members of the Council of Europe are the Parties to this Statute.
Article 3
Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.
Article 4
Any European State which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited to become a Member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a Member on the deposit on its behalf with the Secretary General of an instrument of accession to the present Statute.
Article 5
a) In special circumstances, a European country which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited by the Committee of Ministers to become an Associate Member of the Council of Europe. Any country so invited shall become an Associate Member on the deposit on its behalf with the Secretary General of an instrument accpeting the present Statute. An Associate Member shall be entitled to be represented in the Consultative Assembly only.
b) The expression „Member” in this Statute includes an Associate Member except when used in connection wich representation on the Committee of Ministers.
Article 6
Before issuing invitations under Article 4 or 5 above, the Committee of Ministers shall determine the number of Representatives on the Consultative Assembly to which the proposed Member shall be entitled and its proportionate financial contribution.
Article 7
Any Member of the Council of Europe may withdraw by formally notifying the Secretary General of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of the financial year. If the notification is given in the last three months of the financial year, it shall takte effect at the end of the next financial year.
Article 8
Any Member of the council of Europe which has seriously violated article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such Member does not comply with this request, the Committee may decide that it has ceased to be a Member of the Council as from such date as the Committee may determine.
Article 9
The Committee of Ministers may suspend the right of representation on the Committee and on the Consultative Assembly of a Member which has failed to fulfil its financial obligation during such period as the obligation remains unfulfilled.
Chapter III
General
Article 10
The organs of the Council of Europe are:
(i) the Committee of Ministers;
(ii) the Consultative Assembly.
Both these organs shall be served by the Secretariat of the Council of Europe.
Article 11
The seat of the Council of Europe is at Strasbourg.
Article 12
The official languages of the Council of Europe are English and French. The Rules of Procedure of the Committee of Ministers and of the Consultative Assembly shall determine in what circumstances und under what conditions other languages may be used.
Chapter IV
Committee of Ministers
Article 13
The Committee of Ministers is the organ which acts on behalf of the Council of Europe in accordance with articles 15 and 16.
Article 14
Each Member shall be entitled to one representative on the Committee of Ministers, and each representative shall be entitled to one vote. Representatives on the Committee shall be the Ministers for Foreign Affairs. When a Minister for Foreign Affairs is unable to be present or in other circumstances where it may be desirable, an alternate may be nominated to act for him, who shall, whenever possible, be a member of his Government.
Article 15
a) On the recommendation of the Consultative Assembly or on its own initiative, the Committee of Ministers shall consider the action required to further the aim of the Council of Europe, including the conclusion of conventions or agreements and the adoption by Governments of a common policy with regard to particular matters. Its conclusions shall be communicated to Members by the Secretary General.
b) In appropriate cases, the conclusion of the Committee may take the form of recommendation to the Governments of Members, and the Committee may request the Government of Members to inform it of the action taken by them with regard to such recommendations.
Article 16
The Committee of Ministers shall, subject to the provisions of Articles 24, 28, 30, 32, 33 and 35, relating to the powers of the Consultative Assembly, decide with binding effect all matters relating to the internal organisation and arrangements of the Council of Europe. For this purpose the Committee of Ministers shall adopt such financial and administrative regulations as may be necessary.
Article 17
The Committee of Ministers may set up advisory and technical committees or commissions for such specific purposes as it may deem desirable.
Article 18
The Committee of Ministers shall adopt its Rules of Procedure, which shall determine amongst other things:
(i) the quorum;
(ii) the method of appointment and term of office of its President;
(iii) the procedure for the admission of items to its agenda, including the giving of notice of proposals for resolutions; and
(iv) the notifications required for the nomination of alternates under Article 14.
Article 19
At each session of the Consultative Assembly the Committee of Ministers shall furnish the Assembly with statements of its activities, accompanied by appropriate documentation.
Article 20
a) Resolutions of the Committee of Ministers relating to the following important matters, namely:
(i) recommendations under Article 15 b);
(ii) questions under Article 19;
(iii) questions under Article 21 a) i and b);
(iv) questions under Article 33;
(v) recommendations for the amendment of Articles 1d),7, 15, 20 and 22, and
(vi) any other question which the Committee may, by a resolution passed under d) below, decide should be subject to a unanimous vote on account of its importance require the unanimous vote of the representatives casting a vote, and of a majority of the representatives entitled to sit on the Committee.
b) Questions arising under the Rules of Procedure or under the financial and administrative regulations may be decided by a simple majority vote of the representatives entitled to sit on the Committee.
c) Resolutions of the Committee under Articles 4 and 5 require a two-thirds majority of all the representatives entitled to sit on the Committee.
d) All other Resolutions of the Committee, including the adoption of the Budget, of Rules of Procedure and of financial and administrative regulations, recommendations for the amendment of Articles of this Statute, other than those mentioned in paragraph a) (v) above, and deciding in case of doubt which paragraph of this Article applies, require a two-thirds majority of the representatives casting a vote and a majority of the representatives entitled to sit on the Committee.
Article 21
a) Unless the Committee decides otherwise, meetings of the Committee of Ministers shall be held:
(i) in private, and
(ii) at the seat of the Council.
b) The Committee shall determine what information shall be published regarding the conclusions and discussion of a meeting held in private.
c) The Committee shall meet before and during the beginning of every session of the Consultative Assembly and at such other times as it may decide.
Chapter V
Consultative Assembly
Article 22
The Consultative Assembly is the deliberative organ of the Council of Europe. It shall debate matters within its competence under this Statute and present its conclusions, in the form of recommendations, to the Committee of Ministers.
Article 23
a) The Consultative Assembly may discuss and make recommendations upon any matter within the aim and scope of the Council of Europe as defined in Chapter I. It shall also discuss and may make recommendations upon any matter referred to it by the Committee of Ministers with a request for its opinion.
b) The Assembly shall draw up its Agenda in accordance with the provisions of paragrapha)above. In so doing, it shall have regard to the work of other European intergovernmental organisations to which some or all of the Members of the Council are tarties.
c) The Presiedent of the Assembly shall decide, in case of doubt, whether any question raised in the course of the Session is within the Agenda of the Assembly.
Article 24
The Consultative Assembly may, with due regard to the provisions of Article 38 d) establish committees or commissions to consider and report to it on any matter which falls within its competence under Article 23, to examine and prepare questions on it Agenda and to advise on all matters of procedure.
Article 25
a) The Consultative Assembly shall consist of Representatives of each Member, elected by its Parliament from among the members thereof, or appointed from among the members of that Parliament, in such manner as it shall decide, subject, however, to the right of each Member Government to make any additional appointments necessary when the Parliament is not in session and has not laid down the procedure to be followed in that case. Each Representative must be a national of the Member whom he represents, but shall not at the same time be a member of the Committee of Ministers.
The term of office of Representatives thus appointed will date from the opening of the Ordinary Session following their appointment; it will expire at the opening of the next Ordinary Session or of a later Ordinary Session, except that, in the event, of elections to their Parliaments having taken place, Members shall be entitled to make new appointments.
b) No Representative shall be deprived of his position as such during a Session of the Assembly without the agreement of the Assembly.
c) Each Representative may have a Substitute who may, in the absence of the Representative, sit, speak and vote in his place. The provisions of paragraph a) above apply to the appointment of Substitutes.
Article 26