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The Collective Complaints Procedure

The Collective Complaints Procedure

Under an Additional Protocol to the Charter, which came into force in 1998, national trade unions and employers' organisations as well as certain European trade unions and employers' organisations (European Trade Union Confederation (ETUC), BUSINESSEUROPE (formerly UNICE) and International Organisation of Employers (IOE)), and certain international NGOs are entitled to lodge complaints of violations of the Charter with the Committee. In addition, national NGOs may lodge complaints if the State concerned makes a declaration to this effect.

The Committee examines the complaint and when and if the complaint has been declared admissible, a written procedure commences with an exchange of submissions between the parties. The Committee may decide to hold a public hearing in the course of examining the complaint.

The Committee may decide to hold a public hearing in the course of examining the complaint.  The Committee finally takes a decision on the merits of the complaint, which it forwards to the parties to the complaint and the Committee of Ministers in a report, which is made public within four months.

When the Committee finds a violation of the Charter, the Council of Europe Committee of Ministers invites the respondent State to indicate the measures taken to bring the situation into conformity. It adopts a resolution. And, if appropriate, may recommend the State concerned to take specific measures to bring the situation into line with the Charter.

 See: Collective Complaints Procedure: Summaries of Decisions on Admissibility: 1998-2010 (updated version - March 2010)

         Collective Complaints Procedure: Summaries of Decisions on the merits: 1998-2010 (updated version - March 2010)

     

Collection of Significant Complaints and state of procedure

 

Significant housing related Collective Complaints include:

Complaint No. 39/2006, FEANTSA v France;

Complaint 53/2008, FEANTSA v Slovenia;

Complaint 13/2002, Autism- Europe v France; 

Complaint 15/2003, European Roma Right Center (ERRC) v Greece; 

Complaint 27/2004, European Roma Right Center (ERRC) v Italy;

Complaint 31/2005 - European Roma Right Center (ERRC) v Bulgaria; 

Complaint 51/2008; European Roma Rights Centre (ERRC) v France.