Recommendation 1875 (2009)

Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules of Procedure)

Author(s): Parliamentary Assembly

Origin - Assembly debate on 23 June 2009 (21st Sitting) (see Doc. 11963, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Marty, and Doc. 11965, opinion of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr Lintner). Text adopted by the Assembly on 23 June 2009 (21st Sitting).

1. The Parliamentary Assembly refers to its Resolution 1674 (2009) in which it decided, for the time being, to confirm the credentials of the Ukrainian parliamentary delegation in the light of information recently provided by the Ukrainian authorities that they have requested the Committee of Ministers to seek an advisory opinion from the European Court of Human Rights on matters raised in the resolution.

2. The Assembly therefore recommends that the Committee of Ministers seek, without delay, an advisory opinion from the European Court of Human Rights. The request should not only deal with the purported right of a state to withdraw a list of candidates, once submitted, but should also cover the issue of the conformity of Ukraine’s refusal to provide the name of a third candidate with the European Convention on Human Rights (ETS No. 5).