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Article 12 Verdrag van de Raad van Europa tot bescherming van het advocatenberoep

MONITORING MECHANISM

1 Evaluation procedures shall be divided into rounds. GRAVO shall define the scope and the appropriate means to carry out this procedure, such as questionnaires which may serve as a basis for the evaluation procedure of the implementation by the Parties.

2 GRAVO shall receive information on the implementation of the Convention from the Party concerned. In addition, it may receive information on the implementation of the Convention from non-governmental organisations and civil society, professional associations, as well as from national institutions for the protection of human rights. GRAVO shall also take due consideration of information available from other Council of Europe instruments and bodies, as well as from other regional and international organisations, in areas falling within the scope of this Convention.

3 GRAVO may organise country visits, in co-operation with the national authorities and, where necessary, with the assistance of independent national experts, if the information gained is insufficient and there are no other feasible ways of reliably gaining the information or in cases provided for in Article 13, paragraph 2, of this Convention. Visits shall be subsidiary and restricted to the areas where GRAVO decides the information is insufficient and to cases provided for in Article 13, paragraph 2, of this Convention.

4 Visits shall be conducted by a delegation of GRAVO. During visits, the delegation may be assisted by specialists in specific fields. During visits, the delegation should:

i) enjoy freedom of movement in the relevant jurisdiction;

ii) be able to have contact with State authorities;

iii) not be prevented from meeting the persons they want to interview in private;

iv) have access to the material relevant to the country visit.

5 GRAVO shall prepare a draft report containing its analysis concerning the implementation of the provisions on which the evaluation is based, as well as its suggestions and proposals concerning the way in which the Party concerned may deal with the problems which have been identified. The draft report shall be transmitted for comments to the Party undergoing the evaluation. Its comments shall be taken into account by GRAVO when adopting its report.

6 On the basis of all the information received and the comments from the Party concerned, GRAVO shall adopt its report and conclusions regarding the measures taken by the Party to implement the provisions of this Convention. This report and the conclusions shall be sent to the Party concerned and to the Committee of the Parties. The report and conclusions of GRAVO shall be made public as from their adoption, together with any comments by the Party concerned.

7 Without prejudice to the procedure of paragraphs 1 to 6 of this article, the Committee of the Parties may adopt, on the basis of the report and conclusions of GRAVO, recommendations addressed to the Party concerned:

a) regarding the measures to be taken to implement the conclusions of GRAVO, if necessary setting a date for submitting information on their implementation; and

b) aiming at promoting co-operation with this Party for the proper implementation of this Convention.

Regeling
Verdrag van de Raad van Europa tot bescherming van het advocatenberoep
Soort
Verdrag
Geldend vanaf
13-05-2025
BWB-id
BWBV0007100
Versie
2025-05-13_0

In de hele regeling · Officiële tekst op wetten.overheid.nl