Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

326 | PRACTITIONERS GUIDE No. 63. European Committee on Social RightsPreparatory phase: The complaint must be addressed to the ExecutiveSecretary acting on behalf of the Council of Europe Secretary Generalwho will acknowledge receipt, notify it to the State Party concerned andtransmit it to the European Committee of Social Rights (ECSR). 1441 Thecomplaints must be submitted in one of the Committee’s working language,English or French.Admissibility phase: For each case, the President of the Committeewill appoint one of its members as Rapporteur. The Rapporteur will preparea draft decision on admissibility, followed by, where appropriate, adraft decision on the merits. 1442 The Committee may request additionalinformation from the parties on the admissibility of the complaint. If itfinds it admissible, the Committee notifies the Contracting Parties tothe Charter through the Secretary General. 1443 The Committee may declarethe complaint admissible or inadmissible without having invitedthe government concerned to submit observations when it considersthat the admissibility conditions are either manifestly fulfilled or manifestlyunfulfilled. 1444Examination of the merits: The Committee may request additionalinformation from the parties and may organise a hearing, at therequest of one of the parties or at the Committee’s initiative. 1445 TheCommittee will draft a report containing its conclusions on the State’sviolation of the Charter, if it existed, and will transmit it confidentiallyto the Committee of Ministers and the parties, under prohibition ofpublication. 1446 Thereafter, the members of the Committee of Ministerswhich are States Parties to the Charter adopt the report with a resolutionby a majority vote. If the ESCR found a violation of the Charter,the Committee, in the same composition, can adopt a recommendationto the State concerned with a two-thirds majority vote. 1447 The ESCRreport will be published immediately after the Committee of Minister’sadoption of a resolution, or, in any case, not later than four months afterits transmission to the Committee. 14481441 Article 5, AP-ESC. See, Rule 23, ECSR Rules of Procedure.1442 Rule 27, ECSR Rules of Procedure.1443 Articles 6 and 7.1, AP-ESC. See also, Rules 29 and 30, ECSR Rules of Procedure.1444 Rule 29.4, ECSR Rules of Procedure.1445 Article 7, AP-ESC. See also, Rules 31 and 33, ECSR Rules of Procedure.1446 Article 8, ibid.1447 Article 9, ibid.1448 Article 8.2, ibid.