1. Introduction
1.1. My mandate
1. The present report stems from a decision of the Bureau
of the Parliamentary Assembly of the Council of Europe of 15 March
2007 to mandate the Committee on Legal Affairs and Human Rights
to prepare a report on “an internationally recognised status of
election observers”. On 19 April 2007, the committee appointed me as
rapporteur.
2. The above-mentioned decision of the Assembly’s Bureau was
preceded by the Conference on the Parliamentary Dimension of Election
Observation: Applying Common Standards, organised by the Assembly on
15 and 16 February 2007 in Strasbourg.
The conference brought together
a wide range of participants from the election-observing community,
such as parliamentarians, international organisations, the civil
society, and electoral administrators, not only from Europe, but
also from Africa and the Americas. The conference conclusions were
drawn up by the then President of the Parliamentary Assembly, Mr
René van der Linden. Among areas for further work referred to in
the conclusions of the president, two specific issues were highlighted:
distance voting and the need for an internationally recognised status
of election observers (both international and national observers)
which could then be embodied in domestic legislation. The Assembly indicated
that it was ready to initiate this process. During this conference,
the representative of the Association of European Election Officials
(ACEEEO) expressed the view that the “status of international observers
should be unified, universal, and clarified in a single specific
document, to prevent different interpretations”.
3. Following the decision of the Assembly’s Bureau, on 6 May
2008 the Committee on Legal Affairs and Human Rights asked the European
Commission for Democracy through Law (Venice Commission) to prepare an
opinion on a number of questions concerning the status of election
observers, “… indicating, in addition, which Council of Europe member
states and observer states, if any, do not provide for election
observation in their domestic legislation”, in order to assist the
committee’s work on this report.
On 20 May 2009, the Venice Commission published
its report on an internationally recognised status of election observers,
which had been adopted at its 78th plenary session in Venice on
13 and 14 March 2009.
The document aimed at making an inventory
of international and national texts and standards related to the
rights and duties of election observers. It was followed by a “Summary
of recommendations on an internationally recognised status of election observers”,
published
by the Venice Commission on 15 June 2009, and the “Guidelines on
an internationally recognised status of election observers” (hereinafter
“guidelines”), published on 14 December 2009.
1.2. Aim of this report
4. Free elections are a crucial part of democratic governance
and a fundamental principle of human rights, especially civil and
political rights.
The right to vote and to participate in elections
is guaranteed in many international documents, such as the Universal
Declaration of Human Rights (Article 21), the International Covenant
on Civil and Political Rights (Article 25) and the European Convention
on Human Rights (ETS No.5) Article 3 of the First Protocol (ETS
No. 9).
Genuine democratic elections are
an expression of sovereignty, as they allow individuals to influence
governmental decision making. Therefore, the fairness of elections
and, accordingly, the role of election observers are crucial in
promoting democracy and human rights.
5. An analysis of the current documents on election observers
shows that the criteria and rules with respect to their status differ
at the national level and are still fragmentary at the international
level, even though there are several guidelines on international
observers, adopted by various international instances. For this
reason, there is an increased need to introduce an internationally
recognised status of election observers.
6. In my report, I will focus, first of all, on existing international
guidelines concerning the status of election observers and the disparities
in national legislation concerning this issue, to demonstrate the
need to adopt unified standards in respect of international election
observers. In so doing, I will refer to the existing texts on the
rights and obligations of observers. At the same time, on the basis
of the Venice Commission’s “Guidelines on an internationally recognised
status of election observers”, I will strive to indicate how best
their status should be elaborated and which rights and duties, also
those relating to the accreditation, should be incorporated in national
electoral systems. Once again, I would like to pay tribute to the
work the Venice Commission has done in this field, and in particular
its three above-mentioned documents, which facilitated the preparation
of this report.
2. The role
of election observers
7. Observation of elections is a crucial tool to assess
an election process. It has proved to be a powerful instrument for
identifying shortcomings and for ensuring the credibility and legitimacy
of the electoral process. It is a yardstick by which the democratic
development of a country can be measured.
8. The observation of elections is both technical and political
in nature. The technical observation of elections focuses on the
adequacy of the corpus of laws that govern an election, as well
as the actual conduct of these elections in accordance with these
laws. However, elections cannot be seen as being separate from the
political context in which they take place.
9. The role of election observation is to promote and protect
the right to free elections. Its aim is to secure that the election
process is democratic and there are no irregularities. Observers
keep watch on the election process to ensure that elections are
carried out in accordance with national and international law, but
their role is only to observe. They do not actually take part in
the election administration.
By the same token,
the verdict of the election observers alone does not make an election
valid or invalid.
10. After the Cold War, international election observation has
experienced a “veritable boom” and many international organisations
have their own election observers.
International election observation has
also become an important mechanism for ensuring election integrity
in countries undergoing a transition to democracy or in post-conflict
societies.
11. Usually, the role of election observers includes increasing
the confidence of the electorate in the electoral process, reassuring
voters as to secrecy and deterring fraud.
Recent examples in Ukraine,
the Russian
Federation,
Georgia
and
other countries
show
the need for international election observers’ participation in
the electoral process.
3. Types of election
observers
12. One should first distinguish between international
and national election observers. According to the Venice Commission,
“there are three different
types of observers: partisan national observers, non-partisan national
observers and international (non-partisan) observers. In practice,
the distinction between the first two categories is not always obvious.
This is why it is best to make the observation procedure as broad
as possible at both the national and the international level.” International
observers come from outside the country where the election is being
held. Usually they are appointed by or on behalf of national governments
or international organisations. Domestic observers are citizens
of the country and they may be members of an NGO. It is clear that
both kinds of election observers are needed. Domestic observers
have better insight of their home country and knowledge of the language,
whereas international observers can be seen as more likely to be
impartial.
13. The “community” of international observers includes (
inter alia):
- members of international parliamentary assemblies (Parliamentary
Assembly of the Council of Europe, OSCE Parliamentary Assembly,
European Parliament, NATO Parliamentary Assembly, Pan-African Parliament,
Interparliamentary Assembly of Member Nations of the Commonwealth
of Independent States (CIS IPA), Inter-Parliamentary Union (IPU),
etc.);
- representatives of international organisations and institutions
(OSCE Office for Democratic Institutions and Human Rights (ODIHR),
Congress of Local and Regional Authorities of the Council of Europe, European
Commission, Organisation of American States (OAS), etc.);
- think tanks and international NGOs involved in election
observation and administration (the Carter Centre, National Democratic
Institute (NDI), the former International Foundation for Election
Systems (IFES), European Network of Election Monitoring Organisations
(ENEMO), etc.).
4. The existing framework
for election observation
4.1. At the international
level
14. Since there are many international organisations
that deploy election observers, the status of election observers
and rules concerning election observation are dispersed across a
considerable number of documents in various fora. However, these
documents are not fully congruent with each another.
15. Nevertheless, the existing texts relating to election observation
generally underline the importance of a long-term “approach” in
the observation of elections (namely evaluation of pre-election,
election-day and post-election periods). They also refer to rights
and obligations of observers.
4.1.1. The Declaration
of Principles for International Election Observation and the Code
of Conduct for International Observers
16. The Declaration of Principles for International Election
Observation (“the declaration”) and its accompanying Code of Conduct
for International Observers (“the code”) are the most detailed international documents
concerning the rights and duties of election observers. They were
prepared by the United Nations Electoral Assistance Division (UNEAD),
the National Democratic Institute and the Carter Center and endorsed by
22 international governmental and non-governmental organisations
on 27 October 2007.
Since then, other organisations,
all
of which are involved in continuous informal discussions of best
practices, have endorsed this document, which still remains open
to future endorsement.
17. The above-mentioned declaration and code provide a global
framework for election observation.
Article
20 of the declaration stipulates that international observer missions
should include persons of “… sufficiently diverse political and
professional skills, standing and proven integrity …”. This declaration
also lists the relevant requirements to the host state, including
those concerning observers’ unimpeded access to its territory and
the people involved in the organisation of elections, as well as
their right of reporting (Article 7). It also imposes duties on
election observers, such as the obligation to establish communications
with all political competitors in the election process (Article
15), to observe the laws of the host country and to be politically impartial.
4.1.2. The European Convention
on Human Rights
18. The importance of an efficient democratic system
has been stressed in the Preamble of the European Convention on
Human Rights, which states that fundamental human rights and freedoms
are best maintained by an effective political democracy. Article
3 of Protocol No. 1 to the Convention enshrines the right to free elections.
This
provision grants an individual the right to live and participate
in a democratic society, which includes the right to vote for representatives
and to stand for election.
However, this freedom is not absolute, which
the European Court of Human Rights has acknowledged in several cases
(for example, in the case of
Mathieu-Mohin
and Clerfayt v. Belgium).
The Court allows
a wide margin to the contracting states in fulfilling the duties
resulting from Article 3 of Protocol No. 1
(see, in
particular,
Labita v. Italy, Hirst No. 2 v. the
United Kingdom
and
Yumak and Sadak v. Turkey).
4.1.3. The OSCE Copenhagen
Document and Election observation handbook
19. The OSCE Copenhagen Document
emphasises the “elements of justice
which are essential to the full expression of the inherent dignity
and of the equal and inalienable rights of all human beings” (Article
5). According to this document, the participating states invite
observers to observe their national election proceedings, to the
extent permitted by law. International observers shall endeavour
to facilitate similar access for election proceedings held below
the national level. Such observers will undertake not to interfere
in the electoral proceedings. The Copenhagen Document makes a distinction
between domestic and foreign observers (Article 8).
20. Moreover, the OSCE/ODIHR has also issued the “Election Observation
Handbook”,
which contains practical guidelines for
the conduct of ODIHR election observation missions.
4.1.4. European Union
documents
21. The European Union has issued its own guidelines
regarding election observers: “The Communication on Election Assistance
and Observation” and the
Handbook for
European Union election observation.
These guidelines contain mainly
regulations on the conduct of election observation, but there are
also some regulations about rights and duties of election observers.
All European Union observers are required to sign a contract that
contains the guidelines for observers. Observers must respect the
laws of the host country and they have no special immunities.
4.1.5. Reference documents
for the Commonwealth of Independent States
22. In 2002, the Russian Federation initiated the preparation
and adoption of the Convention on the Standards of Democratic Elections,
Electoral Rights and Freedoms in the member states of the Commonwealth
of Independent States (“CIS Convention”), which includes provisions
on the status and powers of national and international observers
and defines their rights and obligations. This convention has been ratified
to date by Armenia, Kyrgyzstan, Moldova, the Russian Federation
and Tajikistan and is now in force.
23. This document contains some details concerning the legal status
of international and national observers, in particular its Articles
14 and 15
and
the status of international observers is generally in line with
other international documents. However, in its opinion adopted in
March 2007, the Venice Commission expressed some doubts concerning
certain restrictions to the rights of observers.
24. Furthermore, in September 2002, the Association of Central
and Eastern European Election Officials (ACEEEO), now the Association
of European Election Officials, approved a draft European convention
on the standards of elections, electoral rights and freedoms
, which also includes provisions
on the “status and powers of national observers” and “international
observers”.
In 2004, the Venice
Commission expressed a number of reservations with regard to the
draft convention.
A revised
version of the draft convention was then drawn up, which took into
account some of the remarks of the Venice Commission.
25. Finally, it should also be added that the Interparliamentary
Assembly of the CIS approved the Recommendations for International
Observers of the Commonwealth of Independent States for Observation
of Elections and Referendums, which represent a methodological guide
for practical elections observation and a manual for training national
and international observers and election officials in the CIS member
states.
4.1.6. Guidelines adopted
within the Council of Europe
4.1.6.1. Parliamentary Assembly
guidelines on the observation of elections
26. The Parliamentary Assembly has a rich experience
in observing parliamentary and presidential elections, as well as
national referenda, in certain member states of the Council of Europe,
such as Armenia, Monaco, the Russian Federation and Serbia. In addition,
the Assembly has observed a number of elections outside the Council
of Europe geographical area, such as in Chile, Mexico, the territories
controlled by the Palestinian authorities, and Kazakhstan.
27. While, initially, the Assembly observed elections independently,
since the second half of the 1990s, as a rule elections are observed
by the Assembly in the framework of an International Election Observation Mission
(IEOM) composed of parliamentary delegations from the Parliamentary
Assembly of the Council of Europe, the Parliamentary Assembly of
the OSCE, the European Parliament and, on occasion, the NATO Parliamentary
Assembly, as well as representatives of the OSCE Office for Democratic
Institutions and Human Rights (ODIHR).
28. Bearing in mind the objectives and the political nature of
the Parliamentary Assembly observation missions, as well as the
problems deriving from past co-operation arrangements with other
international institutions, the Assembly’s Bureau adopted a set
of guidelines in 2004. They were updated in 2005, 2006 and in 2007.
The guidelines cover: the elections to be observed, co-operation
in the field, the practical organisation of the observation, and
the different forms of election observation by the Assembly: (a)
election observation missions; (b) election assessment missions
and (c) presence on the occasion of elections without a formal observation
or assessment of them.
29. The guidelines provide that the “observation of parliamentary
and presidential elections as well as of referenda in an applicant
state or a state under the monitoring procedure should be an inalienable
right of the Assembly”. A state’s lack of co-operation with the
Assembly may result in sanctions (paragraph 2 of the guidelines)
and “any refusal to send an invitation will constitute an evaluation
criterion in itself” (paragraph 10).
4.1.6.2. The Venice Commission’s
guidelines: the Code of Good Practice in Electoral Matters, the Code
of Good Practice on Referendums and the “Election evaluation guide”
30. In response to a request from the Parliamentary Assembly,
the Venice Commission adopted a Code of Good Practice in Electoral
Matters in 2002,
which contains,
inter alia, provisions on observation
of elections.
32. In 2007, this code was completed by a Code of Good Practice
on Referendums, which contains similar provisions on election observation.
33. In 2006, the Venice Commission also adopted an “Election evaluation
guide”
,
which stressed,
inter alia, the
fundamental principle of non-interference of observers in the election
process.
4.1.6.3. The role of the
Congress of Local and Regional Authorities of the Council of Europe
34. The Council of Europe Congress of Local and Regional
Authorities (the Congress) regularly observes local and/or regional
elections in member states and applicant countries, and occasionally
in third states (Israel is a recent example). According to Rule
4.6 of the Bureau of the Assembly’s guidelines – “Observation of elections
by the Parliamentary Assembly” – the observation of regional and
local elections is the responsibility of the Congress. If the Assembly
receives an invitation to observe such elections and the Bureau
decides to observe them, an Assembly ad hoc committee for elections
is constituted to co-operate with the election observation mission
the Congress may deploy.
4.2. At the national
level
35. An overview of existing national legislation shows
that there are no coherent rules on the status of election observer,
although the latter has been internationally recognised. In its
report on this subject,
the Venice
Commission examined the national electoral legislation in the Council
of Europe member states and came to following conclusions.
36. Only 20
of the 47
member states have implemented domestic provisions on election observation.
Of these 20 states, only eight
have
provisions within their electoral legislation describing the status
of the election observers. Six do not provide for an explicit status
but mention observers’ activities in the provisions describing the
electoral process. Three give competence to their national election
authorities to provide this status – such as “the former Yugoslav
Republic of Macedonia”, which provides a partially legal status
to observers and also requests election authorities to provide a
code of the rules for election monitoring. Four states merely mention
election observation without developing any rights or duties, modalities
or accreditation procedure. Internationally recognised principles
exist in very different ways within national legislation, however, none
quotes them in an exhaustive manner.
37. It can be stated that national electoral legislation differs
on various provisions. It may be that there are no provisions at
all concerning participation of observers in the election process,
for example in the Netherlands and in the United Kingdom. In some
states, such as Poland and the Slovak Republic, observers are admitted, but
it is not ascertained who may be appointed in such a capacity. Some
countries only admit either national or international observers
(for example, Hungary, Latvia, Romania and Turkey). There are also
countries who admit both national and international observers (for
example, Montenegro, the Russian Federation or Ukraine).
Even if some countries do not provide
for election observation in their domestic legislation, this is not
an obstacle for international election observation (for example,
Monaco and Serbia).
38. The fundamental principles, like free access to electoral
documents, the accreditation process and the possibility to observe
all the stages of an electoral process as well as wearing the prescribed
identification, are generally well covered.
Freedom
of movement and unimpeded access to all polling stations is guaranteed, but
the freedom of movement may be limited to the constituency.
In addition, the accreditation
may be valid only in an electoral district or constituency.
The possibility for core-team
missions to issue public statements is seldom mentioned in domestic
electoral legislation.
Thus,
there are cases when constraints are imposed by the authorities
on international observers.
5. Election observers
according to the Venice Commission guidelines
5.1. General status
39. By proposing its Guidelines on an Internationally
Recognised Status of Election Observers, the Venice Commission does
not intend to duplicate the already existing Declaration of Principles
for International Election Observation and the Code of Conduct for
International Observers. It recommends that member states implement
them carefully.
40. Moreover, since the rights and duties of election observers
are not always sufficiently ensured in existing domestic legislation,
another main recommendation of the Venice Commission is that its
own Guidelines on an Internationally Recognised Status of Election
Observers should be carefully implemented in domestic legislation.
41. It should be also noted that the Venice Commission guidelines
do not deal with fundamental rights such as the right to participate
in public affairs, freedom of association, the right to access to
information, freedom of expression, of speech, of movement or any
other election-related right as enshrined in the international instruments
on human rights protection and others. However, these rights do
apply to election observation organisations and to the observers.
The Venice Commission stresses that both international
and domestic observers should enjoy all fundamental rights considered
as basic conditions for holding democratic elections.
5.2. Accreditation
5.2.1. General rules
42. The requirements for accreditation may be different
for international and domestic election observers in different states,
as well as in the documents of international organisations.
Therefore any attempt to create common
rules for the status of election observers should also aim at harmonising
accreditation procedures. According to the Venice Commission, the
credibility of the election observation could be enhanced by stating that
election observers should be given the widest possible opportunity
to participate in an election observation process. The accreditation
must cover geographical, chronological and material aspects of the
observation.
43. The invitation to observe the election should be sent to international
observers sufficiently well in advance of election day to ensure
timely preparations and allow long-term observation of the various
election phases.
In addition,
accreditations should be delivered to all observers in a timely
manner and within a short time limit after application and in any
case before election day. Accreditation procedures should be simple
and free of charge to observers. In other words, there should not
be any artificial obstacles to the election observation. Observers
should have the right to an effective appeal in case of refusal
of accreditation.
44. Guarantees should be given that no governmental, security,
or electoral authority will interfere in the selection of members
of international or national election observation missions, or attempt
to limit the scope and duration of election observation missions
or the number of observers. It would be advisable to have these guarantees
also written in national legislation. The national authorities should
not have the right to refuse accreditation based on discriminatory
criteria, such as, in particular, the political opinion of an observer
or the nationality of an international observer.
5.2.2. Geographical accreditation
45. In practice, geographical accreditation means the
freedom of movement in all areas where the elections take place.
According to the Venice
Commission, observers should enjoy the freedom of access to all
official places connected to the election process, including those
open to the public (in particular, polling stations), to observe
the election throughout a country without the need to give prior
notice to the authorities.
46. Places where observers are not allowed to enter should be
clearly specified in the law in conformity with the principle of
proportionality.
Observation
should be made possible in places other than the electoral premises,
such as courts, district or regional election commissions or the
central election commission. Observers should be able to attend
any public activity as part of their observation mission.
Observation
of elections should cover every possible level of elections, namely
national, regional and local elections.
5.2.3. Chronological accreditation
47. The purpose of election observation is also to ascertain
whether any irregularities occurred before, on or after election
day. The only way to ensure that elections have been conducted according
to domestic law and international rules and standards is to observe
the whole election process, that is to say the pre-voting, the voting
and the post-voting phases.
48. In the pre-voting phase, the observers should be allowed to
assess the process of drafting or amending the electoral law. This
does not mean that the observers should be there personally; this
phase can also be done through consultation. This phase also covers,
among others, registration of the voters and political parties as
well as electoral campaign matters. The voting phase covers the
whole period of voting from the opening process to the closing process.
The post-voting phase covers the verifying and endorsing of candidates
and political parties/entities/coalitions who have been elected.
The post-voting phase
is as important as the pre-voting and voting phases. It must be
ensured that the state does not put the elected persons in jail
or otherwise restrict their right to represent the people.
5.2.4. Material accreditation
49. Besides access to all electoral materials, accredited
observers should also have unimpeded access to all persons concerned
by the electoral process, such as candidates, parties and also those
parties and candidates who have been disqualified or have withdrawn
from the election. This also means that they have to have the right
to contact and interview any person on the electoral premises (providing
those persons are willing).
50. The Venice Commission guidelines also cover rules on reporting.
Observers should be guaranteed the freedom to issue, without any
interference, public statements and reports in respect of their
findings and recommendations concerning election-related processes
and developments. They should also have the right to hold press
conferences on their work and make public their findings concerning
a particular election. Election observers should have the right
to express freely to the mission head – through forms, notes and
other technical means – their opinion about the development of the
electoral process. Election observation missions should have the
right to make suggestions or comments to the authorities in charge
of the electoral process, if they observe any irregularity that
should be rectified. Election observers should have the right to
make and/or obtain copies of electoral documents.
51. Guarantees should be provided that no governmental authority
will apply pressure on any national or foreign citizen who works
for, or provides information to, an international or national election
observation mission (including through reprisals or incentives).
Guarantees should be provided by governmental authorities to enable
election observers to carry out their duties.
5.3. Duties of international
and domestic election observers
52. The Venice Commission documents also focus on observers’
duties. Election observers should always carry their identification
and accreditation documents with them. They should comply with all
national laws and regulations of the country where they observe
and should never obstruct the conduct of the election process in
any of its elements.
53. Election observers should be politically impartial and they
must not interfere with the electoral process. They should never
exhibit any personal bias or preference related to issues that may
have political or electoral implications and should abstain from
any political, partisan activity. They should be free from any conflicts
of interest and, at all times, should uphold the principles of strict
impartiality by not expressing preference for any participant or
party.
54. Election observers must have a respectful attitude towards
electoral officials, other national authorities and all other participants
in the process. They should behave in a professional and irreproachable
manner at all times, including in their leisure time. The status
of election observer implies a strict respect for the legal framework
of the country holding the elections, and the principle of impartiality
and non-interference. Election observers must base their reports
and conclusions on factual and verifiable evidence, with professional accuracy
and strict respect to impartiality. Therefore, if an election observer
does not respect these principles (even when he or she is acting
anonymously, in his or her leisure time), he or she could be deprived
of his or her accreditation. Nevertheless, the principle of proportionality
must be respected when such a decision is taken.
6. Concluding remarks
55. There are many international instruments governing
the status of election observers, such as the Declaration of Principles
for International Election Observation and the Code of Conduct for
International Observers, as well as the relevant guidelines adopted
by the OSCE/ODIHR, the Commonwealth of Independent States, the European
Union and the Council of Europe.
56. However, most of these are soft-law instruments, and these
texts deal with the involvement of observers in the electoral process
in different ways. Some of the documents only state a general declaration
of importance of the observers’ role, while others regulate their
functions in a more detailed manner. Furthermore, most of them do
not regulate the status of domestic observers.
57. At the level of national electoral legislation, an election
observer status is lacking in the legislation of the majority of
member states or is only partially catered for in certain states.
As the Assembly has already noted, this might be due to the fact
that electoral practice in member states is still influenced by
various national traditions.
However, the latter
should not be used as a pretext for certain practices that undermine
the basic principles governing the conduct of free and fair elections.
58. Therefore, more congruent rules are needed both at the international
and domestic level and a specific reference to election observers
should be introduced in domestic electoral legislation.
59. In its Guidelines on an Internationally Recognised Status
of Election Observers, the Venice Commission presented the rights
that observers should enjoy, as well as their duties. It has recommended
a careful implementation of these guidelines in national legislation.
In so doing, member states should avoid duplication with the Declaration
of Principles for International Election Observation and the Code
of Conduct for International Observers, which should be also implemented
in the national electoral systems.
60. Once again, I would like to stress the importance of the conclusions
and recommendations of the Venice Commission concerning the status
of election observers. Consequently, I am of the opinion that the
Assembly should promote the implementation of the above-mentioned
guidelines in member states. In this context, a question springs
to mind in the light of the diversity of situations with respect
to election observation. One could question whether an international
– or, more specifically, European – codification of the status of
election observers, which would include their rights and obligations,
is indeed feasible and/or appropriate. I consider this question
as one of minor importance, since in any case all states should
be encouraged to provide for domestic and international election
observation in their legislationand
to facilitate such observationin
practice. The Guidelines on an Internationally Recognised Status
of Election Observers do not deal in detail with this problem either.
They only put emphasis on the need to avoid duplication of the existing
internationally accepted standards (namely the Declaration of Principles
for International Election Observation and the Code of Conduct for
International Election Observers) and stress the need for their
careful and rigorous implementation. Therefore, I consider that
each member state should itself consider how best to introduce them
into its national system. The Council of Europe should also consider
providing legal recognition for these guidelines, in particular
through a recommendation.