The Council of Europe: monitoring procedures and the constitutional autonomy of the member states: a European law study, based […]

The Council of Europe: monitoring procedures and the constitutional autonomy of the member states: a European law study, based upon documents and commentaries, illustrated by the Council of Europe's actions against the constitutional reform in Liechtenstein

Law of Europe > Europe. Organization and integration law > Regional organization and integration (Europe) > Regional organization other than the European Community or European Union > KJE128

Edition Details

Language: English
Jurisdiction(s): Austria
Publication Information: Wien ; New York : Springer, ©2006
Publication Type (Medium): Electronic books
Material: Document, Internet resource
Type: Internet Resource, Computer File
Permalink: http://books.lawlegal.eu/the-council-of-europe-monitoring-procedures-and-the-constitutional-autonomy-of-the-member-states-a-european-law-study-based-53880/ (Stable identifier)

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Short Description

1 online resource (XV, 542 pages)

Purpose and Intended Audience

Useful for students learning an area of law, The Council of Europe: monitoring procedures and the constitutional autonomy of the member states: a European law study, based […] is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: Günther Winkler.
Publication Date: 2006
Copyright Date: 2006
Location: Wien
Country/State: Austria
Number of Editions: 18 editions
First edition Date: 2006
Last edition Date: 2006
Languages: English
Library of Congress Code: KJE128
Dewey Code: 341.242
ISBN: 9783211335062 3211335064 3211279628 9783211279625
OCLC: 209951576

Publisher Description:

Over 10 years ago, the Council of Europe’s Parliamentary Assembly took on the special task of monitoring the new Eastern member states for their adherence to the commitments they had entered into. Liechtenstein’s constitutional reform prompted the Assembly to try to extend its monitoring to the elder member states as well. The attempt at monitoring – not comprised within the charter – eventually ended in a dialogue.

This study examines in depth the Council of Europe’s legal bases, organisation and duties in this regard, basing the work on the charter and a multitude of the Council’s legal acts and documents. The assessment provides informative, penetrating insight into the tensions of law and reality, finely elucidating the antagonism of the states’ international law and sovereignty, and yielding a rich source of reading for everyone interested in politics, international law, European law and state law.

Main Contents

From the contents: Foreword.- The Specific Approach to the Topic.- Three Council of Europe Documents.- The Council of Europe and its way of working.- The Presence and the Future of the Council of Europe.

CHAPTERart One – 1

The Specific Approach to the Topic – 1

I. The Council of Europe and Liechtenstein – 1

The Problem – 8

III. Historical facts and data – 34

1. The chronology of the constitutional reform – 36

2. Chronology of the activities in the Council of Europe – 41

Part Two – 6
7
Three Council of Europe Documents – 67

I. The Opinion of the Venice Commission – 69

1. Text of the Opinion with Commentary – 69

2. The Opinion's legal bases – 144

3. The Venice Commission's legal position and duties – 147

4. The abstract competence of the Venice Commission – 150

5. The specific competence of the Council of Europe organs – 154

6. Questions on procedure in preparing the Opinion – 163

7. A list of procedural deficiencies – 167

8. Deficient investigation of data and facts – 169

9. Commitments and obligations for Liechtenstein?… 174
10. Implications under European and international law – 177

II. The draft resolution of the Political Affairs Committee – 182

1. Text of the draft resolution and commentary – 182

2. The Political Affairs Committee and its competence – 252

3. The structure of the draft resolution – 254

4. The author of the draft resolution – 257

5. Intellectual roots of the draft resolution – 260

6. The extra-parliamentary initiative – 262

7. A list of procedural deficiencies – 268

III. The Monitoring Committee report – 270

1. Text of the report and Commentary – 270

2. The Monitoring Committee and its competence – 319

3. Remarks on the concrete procedure – 325

4. The rapporteurs' way of thinking and argumentation – 327

5. The rapporteurs and monitoring… 329
6. The President of the Assembly and monitoring – 332

7. The Council of Europe's Secretary General and monitoring – 334

8. The Assembly and monitoring – 337

9. From monitoring to dialogue – 340

Part Three – 347

The Council of Europe and its way of working – 347

I. The concept of the Council of Europe – 347

II. The Council of Europe's statutory organs – 350

1. The Committee of Ministers – 351

2. The Assembly – 355

III. The competences of the statutory organs – 360

1. Objective and framework provisions – 360

2. The competences of the Committee of Ministers – 362

3. The competences of the Assembly – 365

4. The statutory organs' cooperation – 367

IV. The Council of Europe's legal bases – 370

1. The statute's contractual law as primary law – 370

2. The Council of Europe's institutional Secondary law – 378

V. The institutional forms of documents – 385

1. General – 3
8 5
2. Committee of Ministers forms of documents – 385

3. Committee of Ministers working documents – 387

4. Assembly Documents – 388

5. The Assembly's Working Documents – 390

VI. Monitoring in the Council of Europe – 391

1. A New Assignment for the Council of Europe – 391

2. The Committee of Ministers monitoring – 393

a) Initial Developments – 393

b) The set-up of the new monitoring system – 397

c) The concept in concrete terms – 399

d) Post-accession monitoring – 401

e) The Deputies' monitoring – 407

3. The Assembly's monitoring – 409

a) Initial Developments – 409

b) Beginning of the monitoring procedure – 412

c) Setting up the Monitoring Committee – 415

d) Post-monitoring dialog – 417

e) Efforts to extend monitoring – 418

f) The way monitoring functions – 422

4. The monitoring of the Committee on Legal Affairs – 425

VII. Council of Europe sanctions?… 437
1. General pre-assumptions – 437

2. The Committee of Ministers' competence – 443

3. The Assembly's Competence – 447

VIII. Competition of competences in the Council of Europe – 451

1. Legal bodies, organs and competences – 451

2. Competition between the Assembly and the Committee of Ministers – 453

3. Rivalry among Assembly Committees – 457

IX. The Council of Europe's constitution and the constitutional reality – 461

1. The Council of Europe statute as a constitution – 461

2. Perspectives ofparliamentarianism – 464

3. Perspectives of Rule of Law – 471

4. The Assembly's political monitoring – 477

Part Four – 4
83
The Presence and the Future of the Council of Europe – 483

I. Perspectives of European Democracy – 483

1. Pluralistic Democracy as European Heritage – 483

2. The Member States' Constitutions as the Fundament of the Statute – 491

II. The Council of Europe's Double Standards… 497
1. The Large-State / Small State Double Standard – 498

2. The Republics / Monarchies Double Standard – 500

3. The Direct Democracy / Indirect Democracy Double Standard – 505

4. The Elder Member State / New Member State Double Standard – 506

5. Conclusions – 507

III. Democratic Standards in the Council of Europe Documents – 508

1. Developments to date – 508

2. The Assembly's Standing Committee Documents – 512

3. Committee of Ministers' Deputies Documents – 515

4. The Assembly's Documents – 517

5. Plans for the Warsaw Summit – 521

IV. The Council of Europe in Change – 522

1. Tendencies in Development – 522

2. Issues and Outlooks – 531

3. Epilogue – 538

The Council of Europe: monitoring procedures and the constitutional autonomy of the member states: a European law study, based […]

The Council of Europe: monitoring procedures and the constitutional autonomy of the member states: a European law study, based […]