13 Proposed Rule of Law Mission to Georgia
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| Draft Council Decision agreeing a Joint Action establishing an EU Rule of Law Mission to Georgia in the context of ESDP
Draft Council Decision concerning the appointment of the Head of Mission of an EU Rule of Law Mission to Georgia in the context of ESDP
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| Legal base | Article 14 EU; —; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 12 June and EM of 14 June 2004
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| Previous Committee Report | None; but see (25724) —: HC 42-xxii (2003-04), para 23 (9 June 2004)
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| To be discussed in Council | 21 and 28 June 2004
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
13.1 The EU's immediate political objective in Georgia is to support
the transition process set off by the political changes at the
end of 2003 through the full range of EU instruments and policies.
The international community, and in particular the EU, partly
through Member States' bilateral initiatives, is accordingly engaged
in assisting Georgia, not least in the area of the rule of law.
The new Government has expressed its aspirations for a closer
relationship with the EU, and has sought help over the rule of
law. After two fact-finding missions, both parties have agreed
that a small mission be launched, to monitor, mentor and train
key officials in the areas of judicial independence and professionalism,
the role of the prosecutor's office, and prison administration
and the penitentiary service. We considered the Commission's General
Concept on 9 June and cleared the Government's approach towards
it.
The draft Joint Actions
13.2 The draft Joint Action establishing the mission represents
the formal EU decision to begin planning and then launch a mission.
A planning team will be set up as soon as possible, whose head
will become Head of Mission when it begins. The second Joint
Action represents the formal EU decision to appoint that Head
of Mission, who will be chosen in due course.
13.3 In building on the General Concept, the Joint
Action outlines:
- the mission statement (which
focuses on the key areas in the Concept — judicial independence
and professionalism, the role of the public prosecutor's office
and prison administration);
- the structure and make-up of the mission (a head;
experts co-located in the Prime Minister's Office, Ministry of
Justice and other relevant public offices);
- the chain of command, which, in his Explanatory
Memorandum, the Minister for Europe (Mr Denis MacShane) describes
as "typical for a civilian European Security and Defence
(ESDP) mission";
- financial arrangements;
- the need for co-ordination with the Commission's
activity in Georgia; and
- arrangements for the release of classified information,
which the Minister likewise describes as "typical of a civilian
ESDP mission".
The Government's view
13.4 As well as reiterating the rationale for the
mission and the Government's strong support for it, the Minister
notes the timescale envisaged by the Commission — a planning
team by 1 July and going operational no later than 15 July —
and that "given the lengthy Commission procedures it is important
to start these as soon as possible". In his letter to us
of 12 June, he nonetheless expresses a willingness "to postpone
agreement of the Joint Action until you have cleared it".
Conclusion
13.5 On 9 June we said that we considered the
Mission, as outlined in the General Concept, to be "timely,
necessary and appropriately tasked". The Joint Decisions
outline next steps that are consistent with and build sensibly
on the General Concept. Despite the urgency, we are grateful
to the Minister for his determination to ensure that those next
steps were properly scrutinised, and we clear the document.
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