Shvartseva M. Parliamentary (Consultative) Assembly of the Council of Europe.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002842

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

10-06-2016

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The thesis is devoted to general empowerment of international parliamentary institutions in modern international law. The Parliamentary (Consultative) Assembly of the Council of Europe (hereafter - Parliamentary Assembly or PACE) was taken as an example of such general empowerment of international parliamentary institutions. Value and meaning of Parliamentary Assembly of the Council of Europe are considered. Genesis of parliamentarism in the history of European international law doctrine starting from classic times up to modern age has been explored. It was established that development of parliamentarism and general principles of democratic state structure, which initially matters legally capable representative body (parliament), went hand in hand. Has been made a conclusion, about general empowerment of the influence of international parliamentary institutions on contemporary international relationships. Distinguished a contribution of parliamentary diplomacy in mentioned process. A conclusion was made, that the parliamentary diplomacy as for now represents an advanced type of international cooperation. Parliamentary diplomacy shows more flexibility as compared to other types of diplomatic intercourse. During research of the Parliamentary Assembly, its legal nature, authorities and documents a conclusion is reached about evolution of the PACE from just consultative body to a body that has enough powers to influence on Council of Europe its internal and external activity. An analysis of recommendations, resolutions, opinions, commission's reports as well as propositions and written declarations of PACE, affords an opportunity to make a firm conclusion that above mentioned documents have an ability to influence on Committee of Ministers decisions. Documents of PACE also exert an influence on domestic legal order of member states, induce them to bring their national legislation in compliance with due in force European democratic standards. General value and meaning of the PACE's documents in the process of "soft" law development are considered in the thesis likewise. The thesis gives proposals regarding introduction of amendments in statutory documents of the Council of Europe in order to secure real broaden authorities of the Parliamentary Assembly of the Council of Europe. An analysis of the relationship between Ukraine and PACE has been made in the thesis. General positive influence of PACE on Ukrainian national legal system can be definitely traced. The focus was made on the monitoring procedure that has been conducted by PACE regarding Ukraine and its progress in fulfillment of obligations towards Council of Europe. Ways of improvement of the relationships has been proposed likewise. The necessity of conducting a reform of the Council of Europe and adjustment its internal and external activity up to modern realities were also studied in the thesis. It was considered, that because of the integration to the Council of Europe newly established in the Eastern Europe states with great amount of unsolved internal problems and conflicts, as well as foundation of new European international organizations with similar functions, the Council of Europe is no more the same organization it used to be. The thesis gives the proposition that the international European organization the Council of Europe determine vast reforming. Methods and aims of the Council of Europe should be the subject to reforming. The proposal was drafted, that the Council of Europe should focus its activity on the fields where its experience is ultimate. Also internal bodies and procedures of the Council of Europe should be subject to reforming especially monitoring procedure of the PАСЕ.

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