The repeal of the immunity of a associate of the Parliamentary Assembly of the Council of Europe (PEA) is simply a process governed by the detailed provisions of the Rules of Procedure of that body to guarantee the integrity and protection of members' rights. This procedure is carefully followed to guarantee that any decision is made reasonably and transparently.
When a State institution (e.g. a court) requests the waiver of the immunity of a associate of the SPS RE, that application shall be published in plenary or at a gathering of the Standing Commission. The paper then goes to the Committee on Rules of Procedure, Immunities and organization Affairs, which is liable for its examination.
Role of the Standing Committee
The permanent Commission shall consist of key representatives of the HR, including the President, Vice-Presidents, leaders of political groups, national delegations and committees. The Commission shall meet at least twice a year, acting in an operational capacity during periods erstwhile the Assembly is not sitting. Its tasks include reviewing and approving the opinions, resolutions and recommendations made by another committees.
Structure and functioning of the Assembly
The Parliamentary Assembly of the Council of Europe has 324 members from 46 associate States. It is simply a forum for democratic debate and monitoring elections. His committees examine current issues, preparing reports and motions for resolutions to be discussed during plenary sessions held 4 times a year in Strasbourg.
Procedure for examining an application to waive immunity
The Committee on Rules of Procedure, Immunities and organization Affairs shall be required to immediately consider the request to waive immunity. In its activities, the committee assesses the competence of the applicant authority and the formal correctness of the application, but does not deal with the merits of the case, i.e. it does not decide the guilt or innocence of a associate of the ZP RE.
Hearing and collecting information
The Commission shall be obliged to hear from the requested associate or his representative. They may submit any papers deemed relevant. The Commission may besides request the applicable national authorities to supply the additional information essential for the decision.
Commission report
The final Commission study proposes a resolution on the repeal or maintenance of immunity. This study shall be presented to the Assembly at its first gathering after its preparation. The debate on the study shall be limited to arguments for or against the waiver of immunity and the Assembly shall proceed to the vote.
Decision and transmission of results
The Assembly's decision shall then be forwarded by the president to the national authority which made the request. The full process is carefully designed to guarantee that the rights of members of the SP RE are protected and the procedure follows the principles of justice.
The dimension of the process of waiving the immunity of a associate of the Parliamentary Assembly of the Council of Europe (PEA) may vary according to respective factors, specified as the complexity of the matter, the availability of the essential information and the timetable of the committee meetings and the Assembly itself. Here is an overview of the possible duration of this process:
Stages of the immunity waiver process
- Application:
- An application for the waiver of immunity shall be submitted by the applicable State institution (e.g. court) to the president of the PRC.
- Duration: This may take respective days to a fewer weeks, depending on national and global procedures.
- Announcement of the request and referral to the committee:
- The proposal shall be published in plenary or at a gathering of the Standing Commission and subsequently forwarded to the Committee on Rules of Procedure, Immunities and organization Affairs.
- Duration: A fewer days to a week, depending on the gathering schedule.
- Examination of the request by the committee:
- The Commission is required to examine the request without delay. This shall include proceeding a associate of the PRA or his typical and collecting the essential information from the applicable national authorities.
- Duration: From a fewer weeks to a fewer months, depending on the complexity of the case and the availability of the information required.
- Preparation of the study by the committee:
- The Commission shall prepare a study which shall include a motion for a resolution on the waiver or maintenance of immunity.
- Duration: A fewer days to a fewer weeks.
- Presentation of the study at the gathering of the RE:
- The study of the committee shall be the first item of the EPC RE at its first gathering after its preparation.
- Duration: This could happen at the next plenary session, which is held 4 times a year, or all 3 months.
- Debate and vote:
- The Assembly shall hold a debate on the study and shall then vote on the waiver or maintenance of immunity.
- Duration: Debate and voting are usually held during 1 day of the plenary session.
- Transmission of the decision:
- The president of the PRC shall forward the decision to the national authority which submitted the application.
- DurationA fewer days.
Conclusions
The full process of waiving the immunity of a associate of the ZP RE may take respective weeks to respective months, depending on the circumstantial situation. The main factors affecting the duration are the timing of the meetings of the PRA, the complexity of the case and the velocity of collecting the essential information by the Committee on Rules of Procedure, Immunities and organization Affairs.
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