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The
Statute of the Conference
of European Constitutional Courts
Presidents' Meeting
Warsaw, May 16 and 17, 1999 |
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A. Preamble
The Presidents of European Constitutional Courts
and other similar European institutions exercising constitutional
jurisdiction declare their intention to organise, in accordance with the
practice hitherto established, regular specialised conferences with a view
to sharing experience as regards constitutional practice and jurisprudence
in a general European context and to maintaining regular contacts between
these courts and institutions, on the basis of mutual respect and with due
regard to the principle of judicial independence.
B. Provisions of the Statute
Section I. General
Provisions
Art. 1
Name and Seat
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The name of
the conference shall be "The Conference of European Constitutional
Courts".
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Art. 2
Legal Status
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The
Conference derives its existence from the common declaration of
intention of the Presidents of the European Constitutional Courts and
similar institutions. It shall not produce any legally binding effects
outside the Conference.
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Art. 3
Aims
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The
Conference shall hold at regular intervals a Congress. It shall
promote the exchange of information on the working methods and
constitutional case-law of member courts together with the exchange of
opinions on institutional, structural and operational issues as
regards public-law and constitutional jurisdiction. In addition, it
shall take steps to enhance the independence of constitutional courts
as an essential factor in guaranteeing and implementing democracy and
the rule of law, in particular with a view to securing protection of
human rights. It shall support efforts to maintain regular contacts
between the European Constitutional Courts and similar institutions.
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Art. 4
Membership
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There shall
be the following categories of members:
1. Full members
Full members shall be fully entitled to participate in all matters
related to the Conference. In accordance with the provisions of the
Statute and the Conference Regulations they shall bear in equal parts
the costs of organising the meetings of the Congress.
2. Associate members
Associate members shall be generally entitled to submit proposals, to
participate in the Congress and elaborate and present a national
report on particular themes on the Congress programme.
Associate members shall not be subject to any
general obligation to participate in costs.
The Conference Regulations shall make more
detailed provision in this respect.
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Art. 5
Observers and guests
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The
Conference may admit observers and guests to the events. The
Conference Regulations shall make more detailed provision in this
respect.
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Section II. Obtention and loss
of membership
Art. 6
Acquisition de la qualité de membre
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1. |
(a) The status of a
full member may be granted only to European Constitutional Courts
and similar European institutions which exercise constitutional
jurisdiction, in particular reviewing the conformity of
legislation and which conduct their judicial activities in
accordance with the principle of judicial independence, being
bound by the fundamental principles of democracy and the rule of
law and the duty to respect human rights. In this respect the
Conference shall follow the practice established in previous
conferences and by the Council of Europe.
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(b) The status of
associate member may be granted to European Constitutional Courts
and similar institutions that do not seek full membership or that
do not (yet) satisfy the criteria for full membership.
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2. |
Only one institution
from each country may be granted the status of a full or associate
member. |
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3. |
There shall be no
right to be admitted to the Conference.
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4. |
A written application
to be admitted to the Conference should be addressed to the
"Circle of Presidents" and submitted to the President of the
"Circle of Presidents". |
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5. |
In so far as possible the following
documents should accompany an application:
(a) legal instruments
governing the establishment and composition of the candidate
institution and the appointment and status of judges;
(b) the texts
establishing the nature and scope of its jurisdiction;
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Art. 7
Loss of Membership
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1. |
Any member may at any
time declare its intention to withdraw from the Conference. This
declaration shall be in writing. |
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2. |
Where a member
defaults, without good reason, on its obligation to contribute to
the joint financing of the Conference or where there is another
important reason for concluding that effective co-operation in
good faith between the Conference and a member is no longer
possible, a member may be declared to have lost its membership.
In the event of suspension for failure to respect financial
obligations, the suspension will in principle cease on payment of
the relevant amounts.
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Section III Organs
Art. 8
Organs
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The organs of the
Conference shall be:
1. The "Circle of Presidents";
2. The Congress. |
Art. 9
"Circle of Presidents"
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1. |
Composition:
The "Circle of Presidents" shall be
composed of the Presidents of the Courts and the institutions with
full member status. The Presidents shall be accompanied by their
Secretary General, or, where appropriate, a member of their court
or institution or of its secretariat.
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2. |
Competence:
The "Circle of Presidents" is the central
decision-making body and has competence in the following matters:
(a) admission, suspension and expulsion
of members;
(b) admission and expulsion of observers and guests;
(c) fixing the date and venue of the meetings of the Congress to
be held at regular intervals; the selection of topics and choice
of Conference languages;
(d) approval of the Conference budget;
(e) fixing the financial contributions to the Congress;
(f) approving financial gifts from a third party;
(g) adoption of the final declaration of the Congress;
(h) drawing up the Conference regulations;
(i) amending the Statute;
(j) dissolving the Conference.
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3. |
Chairmanship
The President of the Court which is to
host the next Congress shall preside over the "Circle of
Presidents". When dealing with a matter which has no direct link
to the preparations for the next Congress, the "Circle of
Presidents" may designate one of its other members to preside over
it.
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4. |
Meetings:
The "Circle of Presidents" shall in so
far as possible hold at least one meeting between the Congress
dates and, in principle, on the day preceding the opening of the
Congress.
The invitation in writing shall be
accompanied by an agenda for the meeting.
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5. |
Venue of meetings:
The "Circle of Presidents" shall, as a
rule, meet at the seat of the court responsible for organising the
next Congress. In a particular case, the "Circle of Presidents"
may fix another venue.
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6. |
Quorum:
a) The "Circle of Presidents" shall be empowered to take decisions
if at least half of the members of the Circle are present at the
meeting or are represented.
b) A judge, the Secretary General or
another designated staff member of the court concerned may
represent the President in meetings and vote on his/her behalf.
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7. |
Voting regulations:
a) The "Circle of Presidents" shall take
decisions by a majority of two thirds of members present at a
meeting.
(b) Abstentions shall be counted as
negative votes.
(c) Each member shall have one vote only.
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Art. 10
Congress
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Composition:
The following shall be entitled to participate in the Congress: full
members, associate members and observers and guests. The Conference
Regulations shall make detailed provision in this respect.
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Section IV. Financing
Art. 11
Principles of financing
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| 1. |
The general rules on the
sharing of costs:
The Conference shall
be financed primarily by the equal contributions of full members.
National financial and budget regulations shall apply.
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| 2. |
Other costs and
their financing:
(a) The equal
contributions of full members shall be fixed to cover the costs of
organising the Congress (in particular the hire of premises,
printing, translation and interpretation costs, the administrative
overheads and the cost of transport to the venues of the main and
preparatory meetings).
(b) The "Circle of Presidents" may require associate members and
observers to pay a fee to contribute to the costs of organising
the Congress. This fee shall be fixed in the light of the costs
incurred in respect of the services provided by the Conference to
associate members and observers, taking into account the
contribution paid by full members.
The Conference Regulations shall make detailed provision in this
respect.
(c) The acceptance of all types of financial gifts from third
parties shall be subject to prior approval by The "Circle of
Presidents".
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| 3. |
Conference
Budget:
The Court organising
the Congress shall draw up, in so far as possible not later than
one year before the opening of the Congress, a budget for the
Congress which shall be submitted for the approval of the "Circle
of Presidents".
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| 4. |
Final settlement
of accounts:
The final settlement
is effected on the basis of a final statement of accounts drawn up
by the organising Court after the end of the Congress.
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Art. 12
Final declaration and public access
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The "Circle of
Presidents" may at the conclusion of the Congress adopt a final
declaration indicating the constitutional courts and institutions
represented at the Congress, describing the course of the
conference and setting out the main conclusions reached as a
result of the discussions of the plenary assembly.
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| 2. |
The Congress
proceedings shall not be open to the public.
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The President of the
Conference - accompanied if appropriate by other members of the
"Circle of Presidents" - shall make public the final declaration
at a press conference and shall provide additional information to
the representatives of the media (press, radio, television).
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Art. 13
Secretariat
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The
Secretariat of the Conference shall be Secretariat provided by the
Court organising the next Congress |
Section V. Final Provisions
Art. 14
Entry into force
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This Statute shall enter
into force on the day of its adoption by the assembly of Presidents.
It shall be drawn up in French, English, German and Russian.
The French version shall be authentic.
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* * * * * * * * * * |
Unanimously adopted at the final vote of the "Circle of Presidents"
on May 17, 1999 at Warsaw |
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