Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation trade unions; the Secretary-General himself shall forward a copy of the reports to the international NGOs which have consultative status with the Council of Europe and which have particular competence in the matters governed by the Social Charter. The country reports are then examined by a Committee of Independent Experts (currently named European Committee of Social Rights) consisting of at least nine members. Upon completion of its examination, the Committee of Independent Experts draws up a report containing its conclusions which are to be made public. The country reports as well as, in particular, the conclusions of the Committee of Independent Experts are thereafter submitted to a Governmental Committee composed of one representative of each of the Contracting Parties. The Governmental Committee prepares the decisions of the Committee of Ministers and shall explain why a particular situation should be the subject of recommendations. Its report to the Committee of Ministers shall be made public; the Committee of Ministers shall finally adopt, by a majority of two thirds of those voting, with entitlement to voting limited to the Contracting Parties, on the basis of the report of the Governmental Committee, a resolution covering the entire supervision cycle and containing individual recommendations to the Contracting Parties concerned (arts. 23-28 as amended de facto). Lastly, the Secretary-General communicates the conclusions of the Committee of Ministers to the Parliamentary Assembly of the Council of Europe for the purpose of holding periodic plenary debates (art. 29). The Charter provides for the duty to involve both the International Labour Organization (ILO) and specialized NGOs in the monitoring procedures in a consultative capacity (art. 26 and art. 27 as amended de facto); v the complaints procedure: the Additional Protocol Providing for a System of Collective Complaints entered into force on 1 July 1998, and as of 30 April 2002 had nine States parties. It introduced a procedure whereby international and national organizations of employers and trade unions (as well as certain non-governmental organizations) can submit complaints alleging unsatisfactory application of the Charter (art. 1). The complaint shall be addressed to the Secretary-General of the Council of Europe who shall “notify it to the Contracting Party concerned and immediately transmit it to the Committee of Independent Experts” (art. 5). The procedure before the Committee is primarily written but may also be oral (art. 7). The Committee prepares a report to be submitted to the Committee of Ministers, in which it shall, inter alia, present its conclusions as to whether or not the Contracting Party concerned has ensured the satisfactory application of the Charter provisions (art. 8 (1)). It is ultimately for the Committee of Ministers to adopt a resolution as to whether the Contracting Party has applied the Charter provisions in a satisfactory manner and, if not, to address a recommendation to the Contracting Party concerned (art. 9). The European Social Charter, 1961, provides for a reporting procedure, as well as, on a more limited scale, for a collective complaints procedure allowing international and national organizations of employers and trade unions as well as non-governmental organizations to submit complaints alleging an unsatisfactory application of the Charter (Additional Protocol). Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 105

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