CONFIDENTIAL
CM/Del/Concl(76)255
16
V.
RELATIONS BETWEEN THE COUNCIL OF EUROPE AND THE HOLY SEE
(Concl.(76)254/VII, CM(75)308)
The Representative of Ireland thanked the Representative of Italy
for re-introducing the Irish draft amendment proposed at the 254th
meeting and appearing as the second alternative within square brackets
in Secretariat Notes No. 1545. He agreed that "designate" was better
than "appoint", so that the alternative proposal read; "and to which
all member States are entitled to designate persons".
The important thing (in his view) was to bring back the words "all
member States are entitled" which appeared in the basic definition
of a Committee of Experts in paragraphs 4(c) of both the old document
CM(76)32 Addendum and the new document Resolution (76) 3 of 18 February
1976 on the structures of committees.
The Chairman put to the vote the text of the draft decisions including
the Irish amendment. It was adopted unanimously as it appears below
by 16 votes in favour.
Decisions
The Deputies,
considering that the Holy See's request for access to Council of
Europe committees of experts as an observer must be seen in the light
of the unique character of the Holy See,
i.
agreed that the Holy See shall be entitled to send observers
to those of the Council of Europe committees of experts which are
set up under Article 17 of the Statute and to which all member States
are entitled to designate persons;
ii.
agreed that in view of its specific nature, this decision
could not be invoked as a precedent.
In reply to a question put by the Representative of the United Kingdom,
who was prevented from being present during the vote but indicated
his Government's support for the text adopted, the Director of Legal
Affairs confirmed that, as had emerged from contacts that had taken
place between the Holy See and the Secretariat, and to which the
Secretary General's report on his visit to Rome on 4 December 1975
and the note received from the Special Envoy of the Holy See on 25
April 1975 (Appendix to document CM(75)122) both bore witness, the
Holy See did not expect to be admitted, as of right by virtue of
CONFIDENTIAL
17
CM/Del/Concl(76)255
Item V
Decision (i), to committees set up under Article 17 of the Statute
which the Committee of Ministers decided expressly to restrict to
participation by experts from member States only.
The Representative of Greece said that the reply given by the Director
of Legal Affairs to the Representative of the United Kingdom could
not be taken as constituting an interpretation of Decision (i), since
such interpretation should be endorsed by the Committee of Ministers
by the required majority. Moreover, when it came to interpreting
that decision, the interpretation should follow the spirit in which
it was adopted and thus be extensive and in no way limitative.
The Representative of Ireland, also referring to some statements
made after the final vote, said that it would be wrong for anyone
now to whittle down the Committee's decision by a restrictive, offthe-cuff interpretation. Many positive and informative statements
had been made by members of the Committee of Ministers and the Secretariat
during the debate at the present and last meetings. As a principle
of order the Ministers' Deputies should stick to their decisions
- in this case, a sound decision based on a consensus at the last
meeting and expressed in a unanimous vote at the present meeting.
Decisions
See above.