Untill 1974 the Parliamentary Assembly of the Council of Europe was always called “Consultative” Assembly in its Statute. They changed its name in 1974, as parliamentarians evidently insisted on the name change. In 1994 the Council of Ministers agreed with the name change, whereas aim, mission and scope of the Assembly, as referrered in the Statute, however remained exactly the same.
Thus, even today, – except the election of Secretary-Generals and Judges to the ECHR -, the Assembly still has a strict “consultative” capacity.
Next, in Article 22 it reads that “The Consultative (Parliamentary) Assembly is the deliberative organ of the Council of Europe”. Thus, the Assembly can only deliberate, which means according the Oxford dictionary “to engage in long and careful consideration”. And that’s it.
So, it’s clearly impossible for the consultative assembly to establish an investigation body of any kind. Moreover, this is envisaged neither in international law nor in national legal systems of member states. Authorities being capable to conduct investigative actions are law-enforcement authorities of member states.
Of course, the Assembly can improvise and write fantasy on whatever they want. Unfortunately no MP can or was allowed to stop or correct secretary-general Sawicki in his personal delirium, eventually it’s a pity for the waste of paper.
For sure the secretary-general feels happy today about his result, as he could easily convince socialists and scandinavians to support him blindly in his putsch on the Assembly.
According one more new interpretation of Rules by Mr Sawicki, it was no problem that his proposal was in the Bureau file only on Monday morning, that it was decided without amendments same day in the afternoon, and two days later – again refusing any amendments – by the Plenary. One more example of democratic decisionmaking! Or rather shameful putsch by the nr 1 civil servant in the house of democracy?
His document, which he pushed through the Assembly, gives authorisation to him personally “to conduct private talks with candidates”, and to make subsequently a proposal take-it-or leave-it with three names….. Transparency?? Democracy??
Within few weeks it will become clear that our high-hatted secretary-general will have to admit that his ambition to create his personal secret service in PACE will eventually end in a disappointing mirage…… And his emperor-like leadership will not last long. Most probably, today’s putsch in PACE is exactly the result of the deal of secret intelligence group headed by Sawicki. One more setback of the Assembly, and only he will bare that responsibility!