7. Cooperation Between the OSCE PA and PACE

PACE, Resolution 943 (1990), Relations between Europe, the United States of America and Canada in the 1990s.

Council of Europe, Rules of Procedure, Strasbourg, October 2014, p. 218.

There are two examples of a “Parliamentary Troika” organized by PACE, the OSCE PA, and the EP. The first is the “Parliamentary Troika” on the Stability Pact, which was established in 2001. The main purposes are: strengthening the democratic efficiency and effectiveness of parliaments in South-eastern Europe; promoting bilateral and multilateral cooperation among parliaments in the region; bringing countries of the region that are not yet candidates for accession to the EU closer to that objective (Stability Pact Parliamentary Troika Conference on Security in South-eastern Europe organized by the OSCE PA, 6–7 June 2002 in Bucharest, Romania, Addendum III to progress report, Doc. 9475, p. 37 in working papers, 2002 ordinary session (third part) 24-28 June 2002). The second is the Troika to encourage the development and consolidation of democratization of Belarus.

European Yearbook/Annuaire Européen, Vol. 47 (1999), p. 57.

Schmahl and Breuer (2017), para. 37.73.

Relations between the Council of Europe and the Organisation for Security and Co-operation in Europe (OSCE). Catalogue of Co-operation Modalities (April 2000). Available at: https://​www.​cvce.​eu/​content/​publication/​2003/​7/​30/​99ef6a46-9489-4cf8-97a7-d0d806e4d929/​publishable_​en.​pdf (07.06.2018).

Decision CM/865/01122004 on Enhanced Cooperation and Coordination between the Council of Europe and the OSCE, 905th meeting—1–2 December 2004.

PC.DEC/637 of 2 December 2004, Enhanced Co-Operation between the Organization for Security and Co-Operation in Europe (OSCE) and the Council of Europe (CoE).

Additionally, there are annual high-level meetings of the Chairperson-in-Office of the Committee of Ministers, the Chairperson-in-Office of the OSCE and the two Secretaries General in the format “2+2.”

Declaration on Co-operation between the Council of Europe and the Organization for Security and Co-operation in Europe of 17 May 2005, Warsaw. Available at: https://​rm.​coe.​int/​CoERMPublicCommo​nSearchServices/​DisplayDCTMConte​nt?​documentId=​090000168046a481​ (07.06.2018).

Declaration of Principles for International Election Observation, a document endorsed, together with a Code of Conduct for International Election Observers by the UN, 27 October 2005, para. 4, (emphasis added).

Binder and Pippan (2012).

Code of Conduct on Ethical and Professional Observation of Elections, Institute for Democracy and Electoral Assistance, 1997, para. 6.

Binder and Pippan (2012).

Binder and Pippan (2012).

Preamble to the Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4.XI.1950.

Article 19 of UDHR.

Article 20 of UDHR.

CCPR General Comment No. 25: Article 25 (Participation in Public Affairs and the Right to Vote), The Right to Participate in Public Affairs, Voting Rights and the Right of Equal Access to Public Service, CCPR/C/21/Rev.1/Add.7.

UN General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, United Nations, Treaty Series, Vol. 660, p. 195. Available at: https://​www.​refworld.​org/​docid/​3ae6b3940.​html (31.05.2020).

UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979, United Nations, Treaty Series, Vol. 1249, p. 13. Available at: https://​www.​refworld.​org/​docid/​3ae6b3970.​html (31.05.2020).

UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly, 24 January 2007, A/RES/61/106. Available at: https://​www.​refworld.​org/​docid/​45f973632.​html (31.05.2020).

UN Commission on Human Rights, Report of the Representative of the Secretary-General, Mr. Francis M. Deng, submitted pursuant to Commission Resolution 1997/39, Addendum: Guiding Principles on Internal Displacement. E/CN.4/1998/53/Add.2, 11 February 1998.

Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE that took place in Copenhagen from 5 to 29 June 1990.

There are also relevant commitments related to a broad range of civil and political rights, rule of law issues and non-discrimination provisions in the Copenhagen Document.

Mandate expanded and name changed to Office for Democratic Institutions and Human Rights by Prague Ministerial Council, 30 and 31 January 1992.

Final Document of the Fourth Meeting of the CSCE Council of Ministers, CSCE and the New Europe—Our Security is Indivisible, 30 November–1 December 1993, Chapter IV, The Human Dimension, para. 4.

Budapest Document 1994 of the CSCE, Towards a Genuine Partnership in a New Era, Chapter VIII, The Human Dimension, para. 12.

CIO.GAL/7/97 of 15 September 1997.

R. S. Oliver, The Parliamentary Assembly and its Political Influence in the OSCE. The full text of the document is available at: https://​www.​oscepa.​org/​documents/​all-documents/​documents-1/​955-2005-the-parliamentary-assembly-and-its-political-influence-in-the-osce/​file (06.07.2018).

Gawrich (2015), p. 124.

PACE, Rules of Procedure PACE, 2015, ch. Appendix XI Observation of elections by the parliamentarians, para. vii.

OSCE, Election Observation Handbook, 6th edn. ODIHR, p. 46.

The full list of responsibilities is available in the Election Observation Handbook, 6th edn. ODIHR, 2010, pp. 37–44.

OSCE/ODIHR Election Observation Mission, Final Report on Republic of Armenia, Parliamentary Elections on 2 April 2017. Published in Warsaw, 10 July 2017, p. 3.

Co-operation Agreement between the OSCE PA and the OSCE ODIHR. CIO.GAL/7/97 of 2 September 1997.

News from Copenhagen, No. 538 Current information from the OSCE PA International Secretariat, 8 October 2014.

OSCE MC Decision 19/06 on Strengthening the Effectiveness of the OSCE, 5 December 2006.

In 2004, the ODIHR could not carry out a full observation of the presidential election in the USA. The ODIHR was not prepared. It was ready only to examine the implementation of the Help America Vote Act. OSCE was concerned that the negative reaction of the presidential administration could result in opposition to the organization, with financial consequences. In this case, the PA attempted to do a full-scale observation at the request of the Chairman-in-Office and deployed a full delegation to the USA. The ODIHR refused to assist with the mission and the PA had to take over most of the organizational work. See Nothelle (2006), p. 364.

Nothelle (2006), pp. 363–365.

Nothelle (2006), p. 365.

News from Copenhagen No. 730 of January 16, 2019; No. 749 of May 29, 2019.

Doc. 13021, 14 September 2012. Report “For More Democratic Elections.” Rapporteur: J-C. Gardetto.

Declaration of the Council of Europe’s First Summit (Vienna, 9 October 1993). Vienna Declaration.

Available at: https://​www.​cvce.​eu/​en/​obj/​declaration_​of_​the_​council_​of_​europe_​s_​first_​summit_​vienna_​9_​october_​1993-en-d7c530b5-a7c9-43f9-95af-c28b3c8b50d3.​html (02.10.2018).

Mathieu-Mohin and Clerfayt v. Belgium, para. 47. Available at: http://​hudoc.​echr.​coe.​int/​eng?​i=​001-57536 (22.08.2017).

Articles 10 and 11 of the ECHR.

Bowman v. the United Kingdom, para. 42. Available at: http://​hudoc.​echr.​coe.​int/​eng?​i=​001-58134 (22.08.2017).

Guide on Article 3 of Protocol No. 1 to the European Convention on Human Rights, Right to free elections, Council of Europe/European Court of Human Rights, 2017, para. 47.

Decision of 18 September 1961 on the admissibility of application no. 1028/61, X v. Belgium (A.D.Q. c. BELGIQUE), Yearbook of the Convention, Vol. 4, p. 338. Available at: http://​hudoc.​echr.​coe.​int/​eng?​i=​001-108083 (01.06.2020).

The case is regarding prevention from voting in the land elections of the Saarland in June 1965 and in the elections for the German Federal Parliament (Bundestag) in September 1965. Decision of 6 October 1967 on the admissibility of application no. 2728/66, X v. the Federal Republic of Germany, op. cit., vol. 10, p. 338. Available at: http://​hudoc.​echr.​coe.​int/​eng?​i=​001-3020 (01.06.2020). A more recent example is the Case of Hirst v. the United Kingdom (no. 2) (Application no. 74025/01), paras 59 and 62. Available at: http://​hudoc.​echr.​coe.​int/​eng?​i=​001-61680 (01.06.2020).

Mathieu-Mohin and Clerfayt v. Belgium, para. 51. Available at: http://​hudoc.​echr.​coe.​int/​eng?​i=​001-57536 (24.08.2017).

Recommendation Rec(2004)11 of the Committee of Ministers to member states on legal, operational and technical standards for e-voting (Adopted by the Committee of Ministers on 30 September 2004 at the 898th meeting of the Ministers’ Deputies).

Recommendation Rec(2004)15 of the Committee of Ministers to member states on electronic governance (“e-governance”) (Adopted by the Committee of Ministers on 15 December 2004 at the 909th meeting of the Ministers’ Deputies); Recommendation CM/Rec(2009)1 of the Committee of Ministers to member states on electronic democracy (e-democracy) (Adopted by the Committee of Ministers on 18 February 2009 at the 1049th meeting of the Ministers’ Deputies).

Recommendation CM/Rec(2007)15 of the Committee of Ministers to member states on measures concerning media coverage of election campaigns (Adopted by the Committee of Ministers on 7 November 2007 at the 1010th meeting of the Ministers’ Deputies).

Recommendation Rec(2003)4 of the Committee of Ministers to member states on common rules against corruption in the funding of political parties and electoral campaigns (Adopted by the Committee of Ministers on 8 April 2003 at the 835th meeting of the Ministers’ Deputies).

Recommendation Rec(2003)3 of the Committee of Ministers to member states on balanced participation of women and men in political and public decision making (Adopted by the Committee of Ministers on 12 March 2003 at the 831st meeting of the Ministers’ Deputies).

European Commission for Democracy through Law (Venice Commission). Code of Good Practice in Electoral Matters: Guidelines and Explanatory Report. Opinion no. 190/2002, CDL-AD (2002) 23 rev, Strasbourg, 23 May 2003.

The group of parliamentarians signed the motion which states that “it would be useful to examine the existing ‘Guidelines for the observation of elections by the Parliamentary Assembly’ (AS/Bur (2015) of 10 March 2015). The aim is to see if and where these regulations need to be revised in order to further improve realisation of the Council of Europe’s goals of promoting democracy, human rights and the rule of law.” Motion for a resolution, Doc. 14302, 26 April 2017. In 2018 and 2019, the guidelines were revised.

AS/Bur (2018) 14 def, 4 June 2018, Guidelines for the observation of elections by the Parliamentary Assembly (adopted by the Bureau of the Assembly on 31 May 2018). See also: AS/Elect (2019) 5 of 20 August 2019, Guidelines for the observation of elections by the Parliamentary Assembly.

According to Rule 8.2.b. of the Rules of Procedure of PACE, the unratified credentials of a national delegation as a whole may be challenged on “persistent failure to honor obligations and commitments and lack of co-operation in the Assembly’s monitoring procedure.”

Election Observation, A Practical Guide for Parliamentarians. Council of Europe, January 2014, p. 17.

Para. 6, Part B, Appendix XI–Observation of Elections by the Parliamentary Assembly, Rules of Procedure, PACE, Strasbourg 2014.

MC.DEC/19/06 of 5 December 2006 on Strengthening the Effectiveness of the OSCE, para. 14.

For example, Handbook for the Observation of Campaign Finance of 2015, Handbook on Observing and Promoting the Participation of National Minorities in Electoral Processes of 2014, Election Observation Handbook, 6th edn., 2010.

Agreement on cooperation between the Parliamentary Assembly of the Council of Europe and the interparliamentary Assembly of the Commonwealth of Independent States, 9 June 1997. Complementary texts to the rules of procedure of the PACE, Appendix 2, vii, Strasbourg, October 2014, p. 218.

Agreement on the strengthening of co-operation between the Parliamentary Assembly of the Council of Europe and the European Parliament, 28 November 2007. Complementary texts to the rules of procedure of the PACE, Appendix 2, x, Strasbourg, October 2014, p. 224.

Evans and Silk (2013), p. 368.

Memorandum of Understanding between the Council of Europe and the European Union, Council of Europe 2007. Available at: https://​rm.​coe.​int/​16804e437b (02.06.2020).

Gawrich (2015), p. 137.

OSCE International Election Observation Mission, “Statement of preliminary findings,” 30 November 2014.

Gawrich (2015), p. 137.

CM(98)178, Committee of Wise Persons Final Report to the Committee of Ministers, Strasbourg, 20 October 1998, para. 38. Available at: https://​rm.​coe.​int/​16805e328c (03.10.2018).

G. Ulfstein, The Council of Europe and the OSCE: Enhancing Co-Operation and Complementarity through Greater Coherence, p. 13.