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).
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