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Parliamentary Assembly of the Council of Europe

Parliamentary assembly

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Through Human rights, European Union and Democracy

The Assembly is made up of 306 members drawn from the national parliaments of the Council of Europe's member states, and meets four times a year for week-long plenary sessions in Strasbourg.

It is one of the two statutory bodies of the Council of Europe, along with the Committee of Ministers, the executive body representing governments, with which it holds an ongoing dialogue. However, it is the Assembly which is usually regarded as the "motor" of the organisation, holding governments to account on human rights issues, pressing states to maintain democratic standards, proposing fresh ideas and generating the momentum for reform.

The Assembly held its first session in Strasbourg on 10 August 1949, embodying at that time the hopes of many Europeans who, in the aftermath of World War II, saw European unity as the best way of preventing a return to the devastation of war, a "safety net" to prevent gross human rights violations such as the horrors of the Holocaust, and a democratic bulwark against tyranny.

Among the Assembly's main achievements are:

  • ending the death penalty in Europe amongst signatories by requiring new member states to stop all executions;
  • making possible, and providing a blueprint for, the European Convention on Human Rights;
  • high-profile reports exposing violations of human rights in Council of Europe member states;
  • assisting former Soviet countries to embrace democracy after 1989;
  • inspiring and helping to shape many progressive new national laws;
  • helping member states to overcome conflict or reach consensus on divisive political or social issues; and
  • adopting the Flag of Europe and the Anthem of Europe, both later taken up by the European Union.

Powers

Unlike the European Parliament (an institution of the European Union), the Assembly does not have the power to create binding laws. However, it speaks on behalf of 700 million Europeans and has the power to:

  • demand action from the 46 Council of Europe governments, who – acting through the organisation's executive body – must jointly reply
  • probe human rights violations in any of the member states
  • question Prime Ministers and Heads of State on any subject
  • send parliamentarians to observe elections and mediate over crises
  • set the terms on which states may join the Council of Europe, through its power of veto
  • inspire, propose and help to shape new national laws
  • request legal evaluations of the laws and constitutions of member states
  • sanction a member state by recommending its exclusion or suspension

Important statutory functions of PACE are the election of the judges of the European Court of Human Rights, from a list of three candidates submitted by governments, as well as the leading officials of the Council of Europe.

In general the Assembly meets four times per year in Strasbourg at the Palace of Europe for week-long plenary sessions. The nine permanent committees of the Assembly meet all year long to prepare reports and draft resolutions in their respective fields of expertise.

The Assembly sets its own agenda, but its debates and reports are primarily focused on the Council of Europe's three core statutory aims, defending human rights, promoting democracy and upholding the rule of law.

Election of judges to the European Court of Human Rights

Judges of the European Court of Human Rights are elected by PACE from a list of three candidates nominated by each member state which has ratified the European Convention on Human Rights. A 20-member committee made up of parliamentarians with legal experience – meeting in camera – interviews all candidates for judge on the Court and assesses their CVs before making recommendations to the full Assembly, which elects one judge from each shortlist in a secret vote. Judges are elected for a period of nine years and may not be re-elected.

Although the European Convention does not, in itself, require member states to present a multi-sex shortlist of potential appointees, in a 2004 resolution PACE decided that it "will not consider lists of candidates where the list does not include at least one candidate of each sex" unless there are exceptional circumstances. As a result, around one-third of the current bench of 46 judges are women, making the Court a leader among international courts on gender balance.

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