Friday, 14 October 2011

More Administrative Autonomy for the Court

Earlier this week, the Committee of Ministers of the Council of Europe adopted resolution CM/Res(2011)9, which amends the Staff Regulations with regard to delegation of staff management powers to the Registrar of the European Court of Human Rights. The resolution enables the delegation of certain administrative powers from the Secretary General of the Council of Europe to the Registrar. This fits in the Interlaken process which is aimed at making the Court mroe efficient. More administrative autonomy is one way of doing so. Since the resolution is relatively short, I reproduce it here in full:

The Committee of Ministers, in accordance with Article 16 of the Statute of Council of Europe,

Having regard to Articles 36, paragraph c, and 37, paragraph b, of the Statute of the Council of Europe;

Having regard to Article 24, paragraph 1, of the European Convention on Human Rights and Rule 17, paragraph 1, of the Rules of Court;

Having regard to the Staff Regulations and Appendices thereto;

Having regard to the decisions taken at the High-level Conference on the Future of the European Court of Human Rights (Interlaken, 18-19 February 2010) and notably point 8 (b) of the Action Plan adopted at that conference, which calls upon States Parties and the Council of Europe to grant to the Court, in the interest of its efficient functioning, the necessary level of administrative autonomy within the Council of Europe;

Bearing in mind the need to preserve the institutional coherence and integrity of the Council of Europe as a whole;

Considering it necessary to accord the Court an appropriate level of administrative autonomy in staff matters;

Considering that Articles 36, paragraph c, and 37, paragraph b, of the Statute of the Council of Europe do not preclude a delegation of decision-making authority in staff related matters in the name and on behalf of the Secretary General;

On a proposal by the Secretary General, who has consulted the Staff Committee under Article 6, paragraph 1, of the Regulations on staff participation (Appendix I to the Staff Regulations),

Resolves as follows:

Article 1The last sentence of paragraph 2 of Article 59 of the Staff Regulations shall henceforth read as follows:

“The expression “administrative act” shall mean any individual or general decision or measure taken by the Secretary General or any official acting by delegation from the Secretary General.”

Article 2An article entitled “Article 61bis – Decisions relating to the Registry of the European Court of Human Rights” and worded as follows shall be added before Article 62 at the beginning of Part VIII: Final provisions of the Staff Regulations:

“1. By delegation from the Secretary General, the Registrar of the European Court of Human Rights shall take decisions relating to the Registry under the following provisions of these Regulations and Appendices hereto:

a. Article 3, paragraph 2

b. Articles 11 and 13, Article 21 and Article 22bis, paragraphs 1 to 3bis. For the purpose of Article 22bis, paragraph 1, the Deputy Registrars shall have the competence of Head of Major Administrative Entity

c. Article 25, paragraph 2, Article 26 with regard to facts and information concerning the Court, Article 27, paragraphs 1 and 2, with regard to the work of the Court, Article 28 with regard to information concerning the Court, and Articles 32 to 36

d. Article 52

e. Articles 54, 56 and 57 to the extent the alleged disciplinary offence concerns the substantive work of the Court

f. Appendix II: Regulations on appointments

i. Article 3

ii. Article 5, paragraphs 1 and 2. For the purpose of paragraph 1bis, the Deputy Registrars shall have the competence of Head of Major Administrative Entity

iii. Articles 6 and 7

iv. Article 15

v. Article 16, paragraphs 2 to 5

vi. Articles 17 and 18

vii. Article 21, paragraphs 1 to 4

viii. Article 24, paragraphs 1 to 14 and 16. The application of Article 24, paragraphs 2, 7, 10 and 13, shall be without prejudice to the Secretary General’s power to set out, in a Rule, conditions for granting additional steps to candidates with more extensive professional experience

ix. Article 25, paragraphs 1, 2, 5a and 5b, with regard to appointment to grade A6

x. Articles 28 and 29

a. Article 13 of Appendix IV: Regulations governing staff salaries and allowances

b. Appendix VII: Regulations on unpaid leave, with the exception of Article 6, paragraph 1

c. Appendix VIII: Regulations on extra duties and night work

d. Appendix IX: Regulations on part-time work, with the exception of Article 9, paragraph 3

e. Appendix X: Regulations on disciplinary proceedings to the extent the alleged disciplinary offence concerns the substantive work of the Court

2. The authority exercised by the Secretary General under Article 2 of these regulations with regard to the Registry shall have regard to paragraph 1 above.

3. The Registrar shall take the decisions referred to in paragraph 1 above in conformity with these regulations and appendices hereto and any implementing provisions issued by the Secretary General in accordance with these regulations and appendices hereto. The Secretary General shall inform the Registrar of any complaint under Article 59 of these regulations relating to such decisions

4. For the purposes of application of paragraph 1 above, the recommendations of the Appointments Board under the provisions of Article 9, Article 12, Article 13, Article 14, Article 16, paragraph 1, and Article 20 of Appendix II of Regulations on Appointments, shall be made to the Registrar.”

Article 3An article entitled “Article 61ter – Regrading of posts at the Registry of the European Court of Human Rights” and worded as follows shall be added after Article 61bis of the Staff Regulations: “With respect to the regrading of posts at the Registry of the European Court of Human Rights, the Secretary General shall exercise the powers provided in Article 2, paragraph 5, of Appendix III: Regulations on the table of posts, with the agreement of the Registrar, except where, in the context of an overall job classification review, the Secretary General exercises this power in a way which affects posts in all sectors and Major Administrative Entities of the Council of Europe.”

Article 4A paragraph 1bis shall be inserted after paragraph 1 of Article 21bis of the Regulations on Appointments (Appendix II to the Staff Regulations) and worded as follows: “The provisions of paragraph 1 do not apply to staff members carrying out their duties at the Registry of the European Court of Human Rights.”

Article 5Article 26, paragraph 2, indent a, of the Regulations on Appointments (Appendix II to the Staff Regulations) shall be deleted.

Article 6This resolution shall enter into force on 1 January 2012.he

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