The Statute of the Conference
of European Constitutional Courts
Circle of Presidents
Warsaw, May 16 et 17, 1999
|
 |
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
|
The name of the conference shall be "The Conference of European
Constitutional Courts".
|
Art. 2
Legal status
|
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.
|
Art. 3
Aims
|
The Conference shall hold a Congress at regular intervals. 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 the protection of human rights. It shall support
efforts to maintain regular contacts between the European Constitutional
Courts and similar institutions.
|
Art. 4
Membership
|
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, 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.
Detailed provisions on this point shall be laid down in the Conference Regulations.
|
Art. 5
Observers and guests
|
The Conference may admit observers and guests to the events.
Detailed provisions on this point shall be laid down in the Conference Regulations.
|
Section II. Access to and loss of membership
Art. 6
Access to membership
|
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.
|
|
(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.
|
2. |
Only one institution from each country may be granted the
status of full or associate member.
|
3. |
No institution shall be entitled to be admitted to the Conference.
|
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".
|
5. |
As far as possible, an application should be accompanied by the following documents:
(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;
|
|
Art. 7
Loss of membership
|
1. |
Any member may at any time declare its intention to withdraw
from the Conference. Such declaration shall be made in writing.
|
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.
|
|
Section III Organs
Art. 8
Organs
|
The organs of the Conference shall be:
1. The "Circle of Presidents";
2. The Congress.
|
Art. 9
"Circle of Presidents"
|
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.
|
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.
|
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.
|
4. |
Meetings:
The "Circle of Presidents" shall as 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.
|
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.
|
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 or represented at the meeting.
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.
|
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.
|
|
Art. 10
Congress
|
Composition:
The following shall be entitled to participate in the Congress:
full members, associate members and observers and guests.
Detailed provisions on this point shall be laid down in the Conference Regulations.
|
Section IV. Financing
Art. 11
Principles of financing
|
1. |
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.
|
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 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.
Detailed provisions on this point shall be laid down in the Conference Regulations.
(c) The acceptance of all types of financial gifts from
third parties shall be subject to prior approval by the
"Circle of Presidents".
|
3. |
Conference Budget:
The Court organising the Congress shall
draw up as far as possible not later than one year before
the opening of the Congress, a budget for the Congress which
shall be submitted for approval to the "Circle
of Presidents".
|
4. |
Final settlement of accounts:
The final settlement is made on
the basis of a final statement of accounts drawn up by the
organising Court after the end of the Congress.
|
|
Art. 12
Final declaration and public access
|
1. |
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.
|
2. |
The Congress proceedings shall not be open to the public.
|
3. |
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).
|
|
Art. 13
Secretariat
|
The Secretariat of the Conference shall be provided
by the Court organising the next Congress.
|
Section V. Final Provisions
Art. 14
Entry into force
|
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.
|
* * * * * * * * * *
|
Unanimously adopted at the final
vote of the "Circle of Presidents"
on May 17, 1999 at Warsaw
In 2012 the text was edited to correct typing and linguistic errors. |
|