"Unlike the European Parliament (an institution of the European Union), the Parliamentary Assembly of the Council of Europe (PACE) its powers extend only to the ability to investigate, recommend and advise. Even so, its recommendations on issues such as human rights have significant weight in the European political context. The European Parliament and other European Union institutions often refer to the work of PACE, especially in the field of human rights, legal co-operation and cultural co-operation".
Two major changes which occured in the UK began in PACE.
"For debate in the Standing Committee
Doc. 9798
28 April 2003
Office of the Lord Chancellor in the constitutional system of the United Kingdom
Report
Committee on Legal Affairs and Human Rights
Rapporteur: Mr Erik Jurgens, Netherlands, Socialist Group
Summary
In the United Kingdom, the office of Lord Chancellor combines the functions of a Cabinet minister (with responsibilities including a central role in making judicial appointments), presiding officer of the upper house of the legislature, and head of the judiciary (including a role as an active judge presiding over the highest courts in the jurisdiction). This presents grave inconsistencies with the principle of separation of powers, which has become a part of the common basic constitutional traditions of Europe. In particular, the appearance of independence and impartiality of the judiciary – required by Article 6 of the European Convention on Human Rights – is compromised by the Lord Chancellor’s exercise of both judicial and executive functions. A further conflict of interest arises from his acting both as legislator and judge, compounded by the fact that the highest court as a whole consists of the Appellate Committee of the House of Lords, the upper house of the legislature. Whilst the office of Lord Chancellor may be venerable and as yet remain unchallenged before the European Court of Human Rights, continuation of the current system creates real problems of lack of transparency and thus of lack of respect for the rule of law.
To resolve these issues, therefore, the Parliamentary Assembly recommends to the United Kingdom authorities that the Lord Chancellor establish a constitutional convention whereby he no longer sits as a judge, and that consideration be given to the creation of a Supreme Court whose members could not at the same time be members of the upper house of the legislature.
Draft resolution
6. Accordingly the Assembly recommends to the United Kingdom authorities:
i. to invite the Lord Chancellor to announce publicly that he deems it proper and necessary no longer to sit as an acting judge, thus creating a “constitutional convention” which would effectively sever the link between his judicial and other functions;
ii. to consider the creation of a Supreme Court whose members could not at the same time be members of the upper house of the legislature".
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