Part II. European Law on Nationality and Statelessness
CoE institutions and bodies
The CoE of Europe has different bodies and institutions. Some of these are considered
as relevant below. Two important bodies were already mentioned in this chapter: the
Committee of Ministers (CM) and the Parliamentary Assembly (PACE).499
The CM (Chapter IV of the Statute of the CoE) is the decision-making body of the
CoE and consists of the Ministers of Foreign Affairs of the Member States (or their
permanent representatives/deputies) and decides on the CoE’s policy. It furthermore
supervises execution of judgments of the ECtHR by the Member States, and for instance
determines what actions should be taken as regards recommendations from the PACE.
The decisions of the CM are expressed in CoE conventions and treaties, which are
legally binding on the states parties to them, as well as in declarations, resolutions and
recommendations.
The PACE, formerly the Consultative Assembly (Chapter V of the Statute of the
CoE), is the deliberative body of the CoE and consists of members of parliament from
the 47 member states of the CoE. It can recommend action to be taken, is a forum for
debate, can monitor states and observe elections. Furthermore, the PACE for instance
elects the Secretary General of the CoE, as well as the judges of the European Court of
Human Rights (ECtHR). Although this body has no legislative power, it has played and
continues to play an active and important role within the CoE.
Other institutions and bodies of the CoE500 include the CoE secretary-general,
elected by PACE for five years, responsible for the CoE work program and leading the
organization. There is also the Congress of Local and Regional Authorities, which
works on strengthening local and regional democracy in the member states. The CoE
Commissioner for Human Rights, also elected by PACE, can furthermore independently
highlight human rights concerns, and the Conference of International NGOs connects
the CoE’s work with the public and civil society.
The CoE Commissioner for Human Rights, quoted at the start of this chapter,
is a non-judicial institution that promotes human rights as enshrined in the CoE
human rights instruments. It was established in 1999 and functions independently
and impartially. To fulfi l the role, the Commissioner visits the CoE member states to
evaluate the human rights situation, may conduct thematic work on topics important
to human rights protection in the CoE, and raises awareness about human rights. PACE
elects the Commissioner by majority, based on a list of three people made by the CM,
and for a term of six years (see also CM Resolution 99 (50) on the Council of Europe
Commissioner for Human Rights).
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500
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For a more elaborate introduction to the institutions and bodies of the CoE, please refer for instance to
Aline Royer, The Council of Europe (Council of Europe Publishing 2010).
See also CoE, ‘Structure’ <https://www.coe.int/en/web/about-us/structure> accessed 24 May 2021.
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