Doc. 9846

24 June 2003

The Council of Europe and the Convention on the future of Europe

Report

Political Affairs Committee

Rapporteur : Mr Thedoros Pangalos, Greece, Socialist Group

Summary

For the first time in its history, the European Union is on the verge of acquiring its own Constitution. In this context, the Assembly congratulates the members of the Convention on the Future of Europe, who, after 16 months’ work, have reached agreement on a “Draft Treaty establishing a Constitution for Europe”.

The Assembly welcomes the inclusion in the draft Constitution, in Article I-7, of a legal basis allowing the European Union to accede to the European Convention on Human Rights (ECHR) and the extension of the scope of co-operation with the Council of Europe to all fields of activity falling within the competence of the European Union under Article III-224 of the draft Constitution.

Among other measures, the Assembly asks the states which will be participating in the next Intergovernmental Conference and which will approve the final version of the Constitution, to support the wording adopted by the Convention on the Future of Europe in Article I-7 of the Constitution “The European Union shall seek accession to the ECHR”; to make EU accession to the ECHR subject to the same qualified majority as the conclusion of other international agreements; and to support the inclusion of a mention of the Council of Europe in Article I-56 on ”The Union and its immediate environment”.

The Assembly also recommends that the Committee of Ministers firmly support accession by the European Union to the ECHR and immediately commence negotiations with the relevant EU bodies in order to draw up the legal instruments permitting that accession; prepare as soon as possible a statutory resolution enabling the European Union to acquire association status with the Council of Europe; and adopt at its next meeting at ministerial level a declaration on the Council of Europe’s role in the building of Europe and transmit it to the Intergovernmental Conference (IGC).

I.       Draft Resolution

1.       For the first time in its history, the European Union is on the verge of acquiring its own Constitution. In this context, the Assembly congratulates the members of the Convention on the Future of Europe, who, after 16 months’ work, have reached agreement on a “Draft Treaty establishing a Constitution for Europe”.

2.       This draft, which was officially presented by Valéry Giscard d’Estaing to the European Council meeting in Thessaloniki on 20 June, was favourably received by the Heads of State and Government of the European Union. It is now to be discussed at the next Intergovernmental Conference (IGC) due to start next October, which will be responsible for approving the final version of the Constitution. The Assembly hopes that the Heads of State and Government who will take the final decision on the Constitution will agree to remain as close as possible to the text drawn up by the Convention.

3.       The work of the Convention was followed very closely by the Council of Europe. Two memorandums by the Secretary General of the Council of Europe were distributed as Convention documents (CONV 157/02 and CONV 427/02). The Assembly, for its part, has adopted two Resolutions (1290(2002) and 1314(2003)) and two Recommendations (1568(2002) and 1578(2002)) on the Convention.

4.       These contributions and the efforts of many members of the Convention worked in favour of the inclusion in the draft Constitution, in Article I-7, of a legal basis allowing the European Union to accede to the European Convention on Human Rights (ECHR). The Assembly welcomes this and considers that the wording finally adopted “The Union shall seek accession to the ECHR” reflects a stronger commitment on the part of the European Union to accession, but that the IGC should nevertheless be asked to support that wording in the final version of the text.

5.       The Assembly also welcomes the extension of the scope of co-operation with the Council of Europe to all fields of activity falling within the competence of the European Union under Article III-224 of the draft Constitution “Relations with international Organisations and third countries and Union delegations”, and the retention of the reference to the Council of Europe in the sections devoted respectively to culture and education (Articles III-176 and III-177).

6.       The Assembly regrets, however, that the draft Constitution does not refer explicitly to the Council of Europe in its Article I-56 on “The Union and its immediate environment”, despite the amendments to this effect proposed by a number of Convention members.

7.       The Assembly recalls that the Council of Europe is a pan-European organisation in which the representatives of 45 European states can co-operate as on an equal footing at parliamentary, governmental, local and regional levels and that it plays a key role in building a Europe without dividing lines, in particular through its standard-setting work (over 190 conventions) and its various monitoring mechanisms, of which the candidate countries for accession to the European Union are the prime beneficiaries.

8.       The Assembly therefore asks the states which will be participating in the next Intergovernmental Conference:

i.       to support the wording adopted by the Convention on the Future of Europe in Article I-7 of the Constitution “The European Union shall seek accession to the ECHR”;

ii.       to make EU accession to the ECHR subject to the same qualified majority as the conclusion of other international agreements;

iii.       to involve themselves, within the Council of Europe, in the preparation of the legal instruments necessary for accession by the European Union to the ECHR;

iv.       to support the proposal for a paragraph 3 in Article I-56 reading as follows: “3. In developing such special relationships, the Union shall make full use of the Council of Europe and the other international organisations of which such states are members”;

v.       to include in the Constitution:

      a.       a reference to the Council of Europe’s conventional acquis, which have contributed to the establishment of an area of security and justice in Europe, which is an objective shared with the European Union;

      b.       a reference to the Council of Europe’s work in preventing conflicts and consolidating peace, in the common foreign policy and security context;

      c.       a reference to the Council of Europe’s work on monitoring of obligations and commitments accepted by the members states upon their accession to the Organisation, which they must fulfil in order to comply with the Organisation’s standards in the area of democracy, human rights and the rule of law.

9.       The Assembly requests its President to transmit this resolution to the governments of the member states which will be taking part in the Intergovernmental Conference, and to the Presidents of the European Council, the European Commission and the European Parliament so that due account may be taken of the Assembly’s proposals.

II.       Draft Recommendation

1.       The Assembly recalls its Resolution … (2003) on the Council of Europe and the Convention on the Future of Europe.

2.       The Assembly believes that the Committee of Ministers of the Council of Europe should firmly promote accession by the European Union to the European Convention on Human Rights (ECHR) and, to that end, commence as soon as possible negotiations with the relevant European Union bodies in order to draft the legal instruments permitting its accession.

3.       The Assembly considers that it would be desirable to increase the European Union’s institutional presence in the Council of Europe, which would create closer links between the two institutions.

4.       The Assembly therefore recommends that the Committee of Ministers:

i.       firmly support accession by the European Union to the ECHR and immediately commence negotiations with the relevant EU bodies in order to draw up the legal instruments permitting that accession;

ii.       prepare as soon as possible a statutory resolution enabling the European Union to acquire association status with the Council of Europe;

iii.       adopt at its next meeting at ministerial level a declaration on the Council of Europe’s role in the building of Europe and transmit it to the Intergovernmental Conference (IGC).

III.       Explanatory memorandum by the Rapporteur

I -       Introduction

1.       The Heads of State and Government of the European Union decided at the European Council meeting in Laeken on 14 and 15 December 2001 to convene a Convention on the Future of Europe in order to pave the way for the Intergovernmental Conference due to start next October 2003 is as broadly based and openly as possible. The challenge facing the Convention was therefore to establish a strong and lasting constitutional framework for 450 million Europeans in what will soon be 25 member states.

2.       Institutional reform has been the most controversial aspect of the Convention’s work. On 11 June last, the representatives of 16 governments published a communiqué denying the existence of a consensus on the question of institutions and, in particular, the creation of a stable Presidency of the European Council, fearing that this system might undermine their power. On the same day, in another communiqué, 18 countries stated their opposition to any change in the qualified majority voting system provided for under the Treaty of Nice. Only Germany, France, Italy, Turkey, Bulgaria, Hungary, Greece and the three Benelux countries refused to sign. However, I shall not dwell any longer on this matter as it is not of direct concern to the Council of Europe. The most important point to remember is that, in the end, the representatives of the governments comprising the most reticent Convention members did not stand in the way of the draft text and went along with the majority.

3.       On Friday 13 June, after 16 months’ work, the Convention on the Future of Europe therefore reached agreement on a draft Constitution for the enlarged European Union. The President of the Convention, Mr Giscard d’Estaing, said that the Convention had laid the foundations of “a future Treaty establishing the European Constitution”. The representatives of the Convention’s four components - national parliaments, the European Parliament, governments and the European Commission - welcomed not only the quality of the work and the historic achievement represented by the text, “the most important ever produced since the Treaty of Rome in 1957”, but also the end of a divided Europe.

4.       For the first time in its history, the European Union is therefore on the verge of acquiring its own Constitution.

5.       The draft, which is the fruit of much hard work, takes the form of a “short” text entitled “Draft Treaty establishing a Constitution for Europe” divided into four parts (constitutional provisions, Charter of Fundamental Rights, Union policies and action, and lastly general and final provisions) intended to replace the various existing treaties. The draft comprises a large number of constitutional innovations, foremost among which are recognition of the European Union’s legal personality, incorporation of the Charter of Fundamental Rights into the text of the Constitution, the creation of a post of President of the European Council elected for a term of two and a half years, renewable once, and a post of Minister of Foreign Affairs who will be in charge of common foreign and security policy and will also be Vice-President of the Commission. It also provides that, starting in 2009, the size of the European Commission will be reduced to fifteen European Commissioners having the right to vote, selected on the basis of a system of equal rotation between member states, in addition to whom there will be non-voting European Commissioners from the countries temporarily deprived of Commissioners with the right to vote, the extension of qualified majority voting, which increases the powers of the European Parliament by doubling the number of fields of action in which is approval will be required, a reapportionment of seats in the European Parliament among the member states, and lastly a right of initiative whereby one million citizens (from a number of countries yet to be specified) may invite the Commission to submit a legislative proposal on a given subject.

6.       The draft was officially presented by the President of the Convention to the European Council meeting in Thessaloniki on 20 June and was favourably received by the Heads of State and Government of the European Union. The proposed text will undergo a number of adjustments before the final document is produced and submitted to governments in Rome on 18 July. These adjustments will first of all be made during the additional period of time which the President of the

Convention requested in Thessaloniki (three weeks to finalise discussions on the more technical part of the text dealing with the Union’s policies), and above all during the Intergovernmental Conference which will be meeting next autumn to approve the final version of the Constitution.

7.       Although in the end a consensus was reached on the draft Constitution as a whole, the real danger is that some countries might block it at the IGC. For this reason, a very large majority of Convention members insist that their draft Constitution should definitely be the reference text of the IGC and should be subject only to minor amendments. Mr Giscard d’Estaing also said that he would recommend to the Heads of State and Government, who would have the final say at the IGC, that they stick as closely as possible to the text drafted by the Convention, which had been discussed and reflected upon at great length.

8.       In my view, the major policy choices made by the Convention should be maintained. It is hard to imagine that the governments which decided to set up the Convention and sat on it would ignore the results of the exercise. It must be borne in mind, however, that this Constitution is going to have profound and far-reaching repercussions for citizens of the European Union and that it should ultimately be for them to decide on its fate.

II-        The texts presented to the Convention by the Parliamentary Assembly of the Council of Europe and the Secretary General of the Council of Europe

9.       Although our Organisation was not invited to take part in the Convention as an observer (despite many repeated requests to this effect), it nonetheless made an active contribution with regard to matters of direct concern to it. It was natural and appropriate for the oldest and largest European organisation to be able to state its views and provide input on the basis of its long and valuable experience spanning more than half a century.

10.       To this end, the Secretary General of the Council of Europe prepared two memoranda in the course of 2002 entitled “800 million Europeans – Involving the Greater Europe in responding to key Laeken questions” and “Freedom, Security and Justice for the whole of Europe – Involving the Greater Europe in the realisation of an area of freedom, security and justice”, distributed as Convention documents (CONV 157/02 and CONV 427/02).

11.       For its part, in 2002 the Parliamentary Assembly adopted Resolution 1290 and Recommendation 1568 (2002) on “The future of the co-operation between European institutions”, based on a report by Mr René van der Linden – who is also a representative of the Netherlands government to the Convention (CONV 193/02) and Recommendation 1578 on “The Council of Europe and the new issues involved in building Europe” based on the report by Mr Ghiorghi Prisăcaru.

12.       In January 2003, the Parliamentary Assembly also adopted Resolution 1314 on “the Contribution of the Council of Europe to the Constitution-making process of the European Union”, based on my report. This Resolution highlights the importance of agreeing on a constitution for European citizens which takes due account of the human rights dimension and urgently calls for closer co-operation between the European Union and the Council of Europe, based on the same values and common objectives.

13.       As a follow-up to Resolution 1290 (2002), Mr van den Linden, Rapporteur, suggested a meeting of the members of the Convention on the Future of Europe who were also members of the Parliamentary Assembly of the Council of Europe (PACE). This matter was then discussed at the Presidential Committee which suggested that the Bureau set up an ”ad hoc committee” chaired by President Schieder and, in his absence, Mr van der Linden. This committee, which today has 31 members, 18 of whom are members of both the PACE and the Convention, has sought to ensure that the structure and activities of the Council of Europe are taken into account in the Constitution drafting process. For example, the Committee adopted a declaration on a “reinforced institutional partnership between the Council of Europe and the European Union - avoiding new dividing lines in Europe”, also distributed as a Convention document (CONV 688/03).

14.       I would like to take this opportunity to express my gratitude to the members of the Convention who defended the interests of the Council of Europe and to thank Mr van der Linden in particular for his efforts to this end.

15.       The Council of Europe has therefore followed with the closest possible attention the work of the Convention on the future of Europe. Some of the provisions in the draft Constitution relate to matters of direct concern to the Council of Europe. For some of these provisions, a number of proposals from our Organisation have been accepted and others have not. Accordingly, the aim of this report is to take stock of these proposals and to recommend that the IGC retain in the Constitution the points reflecting the position of the Council of Europe and to argue in support of the points not accepted by the Convention.

III-        Retention of the wording of paragraph 2 of Article I-7: a clear commitment by the European Union towards accession to the ECHR

16.       I welcome the support given to the incorporation of the European Union’s Charter of Fundamental Rights into the Constitution in a legally binding form, conferring upon it a constitutional value. This will help improve the credibility of the Charter among EU citizens and will strengthen the legally binding human rights protection mechanisms in Europe.

17.       However, if the Charter is to be given a standard-setting value, efforts must be taken to ensure that citizens are not faced with a plethora of systems which could lead to incompatible and inconsistent results, adversely affecting their legal certainty.

18.       Nobody can today deny that the European Union’s accession to the European Convention on Human Rights (ECHR) would significantly help create a coherent system for the protection of human rights in Europe. As the conclusions of Working Group II on the Charter so pertinently say, “accession to the ECHR would give a strong political signal of the coherence between the Union and the "greater Europe", reflected in the Council of Europe and its pan-European human rights system (…) accession would be the ideal tool to ensure a harmonious development of the case law of the two European Courts [Strasbourg and Luxembourg] in human rights matters.” Accordingly, it is essential to ensure that the incorporation of the Charter goes hand in hand with accession to the ECHR, and to this end, to embark immediately upon negotiations between the European Union and the Council of Europe in order to draw up the necessary amendments to the ECHR and its protocols.

19.       The report adopted by the Council of Europe’s Steering Committee for Human Rights (25-28 June 2002) comprising a study of the legal and technical questions concerning the possible accession by the European Communities/the European Union to the ECHR showed that there was no major obstacle to such accession, and identified a basis which would facilitate consideration of this issue.

20.       At the first informal meeting of the Bureau’s Ad Hoc Committee on the Convention, held in Brussels on 27 February 2003, the participants considered the amendments tabled to Article I-7 paragraph 2 of the draft Constitution concerning the possibility for the European Union to accede to the ECHR. They agreed to support all the amendments which sought to make accession if not mandatory then at least more probable.

21.       It is very important for the wording chosen to be as binding as possible; otherwise, one of the European Union member states might decide that accession was optional and oppose it at some point in the future.

22.       At this stage, there is a consensus on the principle of a legal basis for accession and the wording of this article is now stronger that it was originally. However, we must not relax our efforts, particularly in view of two amendments tabled just a few days before the adoption of the final draft, one from the French government and the other from the UK government. These amendments wished to revert to the former wording “may accede to the ECHR”, rather than the current wording “shall seek accession to the ECHR” which reflected the recommendations of both the PACE and the

Secretary General of the Council of Europe in their respective contributions to the Convention. The French amendment also wished there to be a declaration appended to the final act setting out the conditions for such accession.

23.       Consequently, we must ask the IGC to support the wording decided upon by the Convention in the draft Constitution, which reflects a strong commitment by the European Union to accede to the ECHR. In the case of Union accession to the ECHR article III-222 paragraph 9 requires unanimity, rather than the qualified majority that applies to the conclusion by the EU of other international agreements. This could make it more difficult to fulfil the intention expressed in Article I-7. It is therefore very important that the Intergovernmental Conference make EU accession to the ECHR subject to the same qualified majority as the conclusion of other international agreements.

IV-        The importance and relevance of a reference to the Council of Europe in Article I-56 on “the Union and its immediate environment”

24.       At its meeting on 1 April 2003, the Ad Hoc Committee adopted a declaration on “a reinforced institutional partnership between the Council of Europe and the European Union – avoiding new dividing lines in Europe” (CONV 688/03). This sought not only to retain a reference to relations between the Council of Europe and the European Community in Article I-56 of the draft Constitution “the Union and its immediate environment” but also to extend the scope of these relations to all fields of activity falling within the competence of the European Union.

25.       At a subsequent informal meeting of the Bureau’s Ad Hoc Committee in Brussels on 24 April 2003, the participants broadly supported the amendments tabled to Article I-56, recommending that a new paragraph be inserted, worded as follows: “3. In developing such special relationships the Union shall make full use of the Council of Europe and other international organisations of which such States are members."

26.       The Council of Europe should be considered as a special partner of the EU, a partner with which the Union has a special relationship. This is all the more important given that post-enlargement, the members of the European Union will represent 57% of the Council of Europe member states.

27.       The extension of the scope of co-operation with the Council of Europe to all fields of activity falling within the competence of the Union under Article III-224 “Relations with international organisations and third countries and Union delegations” is to be welcomed. This Article is worded as follows: “The Union shall establish all appropriate forms of co-operation with the United Nations, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.”

28.       I also find it gratifying that a reference to the Council of Europe has been retained in Sections 3 and 4 of part III, devoted respectively to culture and education. In their third paragraphs, Articles III-176 and III-177 provide that the Union and the member states shall foster cooperation with third countries and the competent international organisations in the field of education, in particular the Council of Europe.

29.       However, it is a matter of regret that the Council of Europe does not refer explicitly to the Council of Europe in Article I-56 despite the amendments to this effect tabled by Mr van der Linden and numerous other members of the Convention, also reflecting the declaration on partnership adopted by the Bureau’s Ad Hoc Committee. The Secretary General of the Council of Europe sent a letter to certain members of the Convention drawing their attention to this (Doc GR-EU (2003) 5) and raised the matter at the 19th quadripartite meeting between the European Union and the Council of Europe held in Luxembourg on 17 June last. He added that the European Union should make full use of the Council’s structure and activities as part of its “Wider Europe – Neighbourhood” initiative.

30.       In its comments, the Praesidium pointed out that relations between the EU and the Council of Europe were already covered in Article 224 of Part III and that there was therefore no need for an additional reference to be included at that point. It added that singling out the Council of Europe could be seen as invidious given that a number of the countries which the Union would wish to include in the proposed relationship were not members of the Council of Europe.

31.       And yet, the Council of Europe is the only European organisation bringing together both the EU member states and the countries of eastern Europe, now the Union’s immediate neighbours and liable to become Union members one day. The Council of Europe plays a key role in building a Europe without dividing lines, particularly through its standard-setting activities (over 190 Conventions) and its various monitoring mechanisms of which the countries which are candidates for accession to the European Union are the prime beneficiaries.

32.       The Council of Europe is a pan-European organisation where the representatives of 45 European countries can co-operate on an equal footing at parliamentary, governmental, local and regional level.

33.       Admittedly, this draft article also concerns non-European countries, ie the countries on the southern shore of the Mediterranean. Here, I would point out that several of these countries are already party to Council of Europe conventions, and they co-operate closely with our Organisation through the European Centre for Global Interdependence and Solidarity (North-South Centre). Furthermore, both the Council and the Commission have acknowledged the need for a differentiated approach vis-à-vis the countries concerned.

 

34.       This is why it is important at the next IGC that the heads of state and government argue in favour of reintroducing the amendment referred to in point 25 of the final version of the Constitution of the European Union.

V.       Inclusion of a reference to the Council of Europe’s conventional acquis contributing to the creation of a common legal area in Europe

35.       Closer links could be forged between the European Union and the Council of Europe, notably by increasing and improving Union participation in the Council’s wide-ranging convention activities.

36.       Granting a unified legal personality to the European Union in the draft Constitution is a decisive step because it will make the Union a subject of international law. This will entitle it to bring proceedings before the international courts, conclude treaties and accede to international conventions.

37.       In this connection I would also urge the European Union to accede to the European Cultural Convention, as this would optimise the cultural co-operation between the Council of Europe and the European Union, and also to the European Social Charter, which would constitute a further step towards “One Europe” founded on social cohesion and the spirit of solidarity.

38.       It is unfortunate that no reference is made to the activities of the Council of Europe in the area of justice and domestic affairs, despite the fact that many treaties concluded within the Council of Europe contribute to the creation of an area of freedom, security and justice, the objective shared by both our institutions. The conclusions of Working Group No. X on “Freedom, Security and Justice” have established that “the activities of the Council of Europe in this context are particularly relevant”. It should, moreover, be noted that some of the conventions and other legal instruments adopted by the Council of Europe in this field have often been taken as the starting point for the work of the European Union.

39.       In connection with the European Union’s foreign and common security policy, the IGC should also take account of the Council of Europe’s role in preventing conflicts and consolidating peace. The Council’s commitment to the basic principles and values of pluralist democracy, respect for human rights, particularly the rights of minorities, and the rule of law, and it skilful use of education, culture and the common cultural heritage, have provided it with the requisite resources to ensure recovery in post-conflict situations and a successful process of establishing lasting peace and democratic stability throughout the European continent.

40.       Despite the similarity in the areas of jurisdiction covered, the Council of Europe’s convention activities have attracted little interest in the European Community, which has stayed rather aloof from this work and is bound by only 8 Council of Europe conventions. Moreover, some of these conventions are not yet open for accession by the European Community. Nevertheless, a reference to these texts in the Constitution would help to ensure the development of a Europe in which the enlargement of the Union would follow a coherent line of development with a single frame of reference.

41.       The Council of Europe’s convention activities are helping to harmonise the law Europe-wide, and it would be prejudicial to this effort if the Union failed to recognise the rules identified by the Council as a minimum legal standard.

42.       Increased participation in the Council of Europe’s work would also enable the European Union to further develop its recent experiment in extending the rules laid down in Community legislation to the whole of Europe, by transposing these provisions into the Council of Europe’s conventions and agreements.

43.       Lastly, when drawing up new instruments, both institutions should improve their co-ordination and establish greater consistency by as far as possible using standardised terminology.

44.       Without prejudice to this effort, it would be useful to consider improving the Union’s institutional presence vis-à-vis the Council of Europe.

VI.       Improving the European Union’s institutional presence vis-à-vis the Council of Europe

45.       The Council of Europe and the European Union share the same values and pursue common goals in connection with protecting democracy and ensuring respect for human rights and fundamental freedoms and the rule of law. This means that partnership is the natural context for relations between both institutions.

46.       Such a partnership was established in 1989 by the pragmatic means of quadripartite meetings. This inter-institutional contact is extremely broad in scope: a huge variety of subjects are dealt with, ranging from preparing Council of Europe Summits to assisting central and east European countries, particularly in the fields of culture and education, justice and domestic affairs. This has been the context for the adoption of a number of joint operational programmes funded by both the Community and the Council of Europe.

47.       Furthermore, ever since Walter Schwimmer, Secretary General of the Council of Europe, and Mr Chris Patten, Commissioner responsible for external relations, signed the “Joint Declaration on Co-operation and Partnership between the Council of Europe and the European Commission” on 3 April 2001 more and more regular information exchanges and joint activities have been organised, notably in the fields of democracy, the rule of law and respect for human rights, including protection of national minorities. In fact, the participants at the 19th European Union/Council of Europe quadripartite meeting reaffirmed their willingness to intensify joint efforts to reinforce democratic stability, especially in South-East Europe and the Southern Caucasus, as well as other east European countries.

48.       Alongside all these initiatives, an unprecedented joint meeting between the European Parliament and the Parliamentary Assembly of the Council of Europe (PACE), which took place on 24 September 2002, proved a highly successful experiment. Above and beyond the theme chosen, “The Development of European as an Area of Freedom, Security and Justice”, the meeting took on symbolic value by contrasting with the oft cited image of two institutions working simultaneously but seldom together. This meeting also produced a Joint Presidential Declaration in which Peter Schieder and Pat Cox reaffirmed their unwavering commitment to democracy, justice and human rights.

49.       This meeting was not an isolated event. Seven joint meetings have been organised by the respective parliamentary committees on such themes as equality between women and men or the situation in the Kaliningrad region. It should also be noted that before the session both assemblies had already presented a joint European platform at the Johannesburg Conference on Sustainable Development, co-organised a meeting on illegal migration and taken part in the observation of the elections in Bosnia and Herzegovina.

50.       This co-operation with the European Parliament should be continued by means of regular encounters with a view to joint initiatives in a number of European countries and in various specific fields. From this angle it should also be noted that during the PACE’s their part-session from 25 September to 3 October 2003 a further joint meeting of the European Parliament and the PACE is to be held on the theme of “constructing single Europe”.

51.       The Community (separating it for the moment from the European Union) holds no permanent observer status with the Council of Europe, but merely enjoys “guest observer” status, being invited on a case-by-case basis at the request of the Secretary General of the Council. In practice, however, the Community’s position is somewhat akin to a “special guest status”. The Committee of Ministers has agreed to open the meetings and activities of the Committee of Ministers, the Ministers' Deputies, the rapporteur groups and all its other working groups to the Commission at the invitation of the competent Council of Europe authorities. However, in accordance with the exchange of letters on 6 November 1996, the Commission is not entitled to vote or intervene in the Organisation’s decision-making process.

52.       As pointed out by the Secretary General of the Council of Europe in his opening address at the PACE part-session in January 2003, an imaginative approach was currently needed to organising our relations with the European Union, and we must not hesitate to open new perspectives.

53.       In this connection I would propose that the Committee of Ministers of the Council of Europe prepare as soon as possible a statutory resolution enabling the European Union to acquire association status with the Council of Europe.

54.       A vital step forward in European co-operation might be to secure the participation of the European Union as such in the Council of Europe’s activities, in accordance with a procedure to be defined. This option would provide for a genuine institutional link-up between the European Union and the Council of Europe.

55.       Given the Council of Europe’s and the European Union’s shared ideals, that is to say the construction of a peaceful, stable, democratic and prosperous Europe, the two institutions should further develop their co-operation and institutional links in order to derive maximum benefit from the complementarity of their activities. The Council of Europe is a prime, unique forum for contacts among the EU states and those countries which will not accede to the Union. The Council of Europe possesses undeniable assets which should turned to better account: its unparalleled pan-European dimension, its diversified experience in the field of developing legal rules and supervising their application, and its major role in building up democratic institutions and guaranteeing legal harmonisation.

56.       These acknowledged competences have, moreover, facilitated the successive enlargement procedures of the European Union. The Council of Europe has thus played a role of initiating and preparing the applicant States for their European Union membership.

VII.       Reinforcing partnership with the Council of Europe as part of the European Union’s pre-accession strategy

57.       Since the adoption of the “Copenhagen criteria” for future members of the European Union, the Council of Europe has been playing an active part in the Union’s pre-accession strategy. The Organisation’s vast legal arsenal devoted to protection of human rights, minorities, the democratic system and industrial peace gives it a key role to play in consolidating the member States’ democratic institutions, making it a mainstay of European integration. Furthermore, participants at the 19th European Union/Council of Europe quadripartite meeting recalled the relevance of the Council of Europe’s principal instruments for assessing compliance with the political criteria for European Union membership.

58.       The in-depth consideration by the Parliamentary Assembly, the Committee of Ministers and the Congress of Local and Regional Authorities of Europe (CLRAE) of the progress made by States in meeting the Council of Europe’s standards in the fields of democracy and respect for human rights and the rule of law constitutes an invaluable documentary source on the countries in question. Obviously, the 15 member States of the European Union take part in this wide-ranging monitoring procedure implemented by the Council of Europe, thus also helping the European Parliament and the Council and Commission of the European Union to evaluate the progress made by applicant countries.

59.       Official recognition of this “political complementarity” would encourage the Council of Europe and be edifying for the general public.

VIII       Conclusion

60.       So these are the proposals I would like to make for the establishment of a democratic, modern and social Constitution for Europeans and for Europe.

61.       The new context should not obscure the difficulties, which can only be overcome by a genuine political will, which remains to be demonstrated. The newly recovered unity of the continent can only last and develop if it is enshrined in a coherent political policy within which the different European organisations reinforce each other through their combined efforts.

62.       Let us hope that the forthcoming Intergovernmental Conference will take advantage of the actual and potential value of the complementarity between the Council of Europe and the European Union.

APPENDIX I

Draft texts relating to the Council of Europe and the European Convention on Human Rights in the Draft Treaty Establishing a Constitution for Europe

I.       Accession to the ECHR

Article I-7: Fundamental rights

1.       The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights which constitutes the Second Part of this Constitution.

2.       The Union shall seek accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Accession to that Convention shall not affect the Union's competences as defined by in this Constitution.

3.       Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.

Comment (see p. 57-58 of document CONV 724/03):

1.        In the light of the positions expressed by a large majority of Convention members, the solution of incorporation of the Charter in a new Part Two appears to be the one likely to meet broad consensus within the Convention.

The wording of the first paragraph fits in better with that solution than did the previous draft. It is based on amendments by Costa, Eduarda Azevedo, d'Oliveira Martins, Nazaré Pereira, Duhamel + 8; Teufel, Schlüter, Palacio, and corresponds exactly to the last sentence of the Charter preamble.

2.        On accession to the ECHR, there was general support at the additional meeting on 26 March for the wording adopted: "...the Union shall seek accession ..." (see also am. Kiljunen and Vanhanen, Svensson, Hjelm-Wallén + 4, Van der Linden+ 3, Tiilikainen, Brok + 15).

3.        As for the amendments aiming at including other international agreements in the area of human rights (Söderman, Michel + 5, Paciotti, Kaufmann, Voggenhuber, Lichtenberger, MacCormick, Duff + 6, Spini, Nagy), it is clear that this paragraph, as amended by the Praesidium, cannot be interpreted as ruling out the possibility of accession to other human rights conventions, a possibility which is opened up pursuant to other legal bases laid down in the Constitution (namely the various policies linked to such conventions, and even the flexibility clause in Article I-17). This paragraph may ask that the Union seek accession only in the specific case of the ECHR; however this particular formula is not in any way intended to rule out the possibility of accession to other conventions. As the Praesidium has already pointed out, only the European Convention on Human Rights is mentioned in this paragraph because of the fact that a Court of Justice opinion in 1996 had rejected Community competence to accede to that Convention on the basis of considerations specific to it.

II.       Relations with the Council of Europe and other international Organisations

Article III-224: Relations with international Organisations and third countries and Union delegations

1.        The Union shall establish all appropriate forms of cooperation with the United Nations, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.

2.        It shall also maintain such relations as are appropriate with other international

Organisations.

3.        The Union's Minister for Foreign Affairs and the Commission shall be instructed to implement the above paragraph.

III.        Specific provisions which refer to the Council of Europe

Article III-176 : Culture

1.        The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.

2.        Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and supplementing their action in the following areas:

(a)       improvement of the knowledge and dissemination of the culture and history of the European peoples;

(b)       conservation and safeguarding of cultural heritage of European significance;

(c)       non-commercial cultural exchanges;

(d)       artistic and literary creation, including in the audiovisual sector.

3.        The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of culture, in particular the Council of Europe.

4.       The Union shall take cultural aspects into account in its action under other provisions of the Constitution, in particular in order to respect and to promote the diversity of its cultures.

5.       In order to contribute to the achievement of the objectives referred to in this Article:

(a)       a European law or framework law shall establish incentive actions, excluding any harmonisation of the laws and regulations of the Member States. It shall be adopted after consulting the Committee of the Regions;

(b)        the Council, acting on a proposal from the Commission, shall adopt recommendations.

Article III-177 : Education, vocational training, youth and sport

1.        The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action. It shall fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity. The Union shall contribute to the promotion of European sporting issues, given the social and educational function of sport.

2.        Union action shall be aimed at:

(a)       developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States;

(b)       encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods of study;

(c)       promoting cooperation between educational establishments;

(d)       developing exchanges of information and experience on issues common to the education systems of the Member States;

(e)       encouraging the development of youth exchanges and of exchanges of socio-educational instructors;

(f)       encouraging the development of distance education;

(g)       developing the European dimension in sport, by promoting fairness in competitions and cooperation between sporting bodies and by protecting the physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and sportswomen.

3.       The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education, in particular the Council of Europe.

4.       In order to contribute to the achievement of the objectives referred to in this Article,

(a)       a European law or framework law shall establish incentive actions, excluding any harmonisation of the laws and regulations of the Member States. It shall be adopted after consulting the Committee of the Regions and the Economic and Social Committee;

(b)       the Council, acting on a proposal from the Commission, shall adopt recommendations.

IV.       Article where a reference to the Council of Europe was proposed but not retained by the Praesidium

Article I.56: The Union and its immediate environment

1.       The Union shall develop a special relationship with neighbouring States, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.

2.       For this purpose, the Union may conclude and implement specific agreements with the countries concerned in accordance with Article III.226 (ex Article 33) of Part Three of the Constitution. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.

Comments on paragraph 1 (see p. 129 of document CONV 724/03)

A number of members of the Convention (Attalides, Borrell and others, Carnero and others,Muscardini) wished to make it clear that the relationship put forward in this Article should be based on respect for democratic principles, the rule of law and human rights, values on which the Union itself is founded. The proposal to add a short phrase responds to this request. It is proposed to avoid listing the values themselves since this would render the article too heavy; in any case the values in question are clearly those set out in Article I-2 of the Constitution.

Comments on Paragraph 2 (see p. 129 of document CONV 724/03)

No change

NB: A number of members of the Convention called for a reference to be included in the Article to the role of the Council of Europe. Relations between the EU and the Council of Europe are covered in an Article in Part Three (ex Article 351). There is therefore no need for an additional reference to be included here. Furthermore, singling out the Council of Europe could be seen as invidious given that a number of those countries which the Union would wish to include in the proposed relationship are not members of the Council of Europe.

APPENDIX II

PRESIDENCY CONCLUSIONS THESSALONIKI EUROPEAN COUNCIL ON THE CONVENTION

20 JUNE 2003

1. The European Council met in Thessaloniki on 19 and 20 June 2003. The meeting was preceded by an exposé by the President of the European Parliament, Mr Pat Cox, followed by an exchange of views concerning the main items on the agenda.

I. CONVENTION / IGC

2. The European Council welcomes the Draft Constitutional Treaty presented by the President of the Convention, Valéry Giscard d'Estaing. This presentation marks a historic step in the direction of furthering the objectives of European integration:

- bringing our Union closer to its citizens,

- strengthening our Union's democratic character,

- facilitating our Union's capacity to make decisions, especially after its enlargement,

- enhancing our Union's ability to act as a coherent and unified force in the international system and

- effectively deal with the challenges globalisation and interdependence create.

3. The European Council expresses its gratitude to the President of the Convention, Valéry Giscard d'Estaing, the Vice-Presidents, Jean Luc Dehaene and Giuliano Amato, the members and the alternate members of the Convention for the work they have accomplished. The Convention has proven its usefulness as a forum for democratic dialogue between representatives of governments, national parliaments, the European Parliament, the European Commission and civic society.

4. The European Council considers that the presentation of the Draft Constitutional Treaty, as it has received it, marks the completion of the Convention's tasks as set out at Laeken and, accordingly, the end of its work. However, some purely technical work on drafting Part III is still required, this work needing to be finished by 15 July at the latest.

5. The European Council decided that the text of the Draft Constitutional Treaty is a good basis for starting in the Intergovernmental Conference. It requests the future Italian Presidency to initiate, at the Council meeting in July, the procedure laid down in Article 48 of the Treaty in order to allow this Conference to be convened in October 2003. The Conference should complete its work and agree the Constitutional Treaty as soon as possible and in time for it to become known to European citizens before the June 2004 elections for the European Parliament. The acceding States will participate fully in the Intergovernmental Conference on an equal footing with the current Member States. The Constitutional Treaty will be signed by the Member States of the enlarged Union as soon as possible after 1 May 2004.

6. The Intergovernmental Conference will be conducted by the Heads of State or Government, assisted by the members of the General Affairs and External Relations Council. The representative of the Commission will participate in the Conference. The General Secretariat of the Council will provide the secretariat support for the Conference. The European Parliament will be closely associated and involved in the work of the Conference.

7. The three candidate countries . Bulgaria and Romania, with whom accession negotiations are underway, and Turkey . will take part in all meetings of the Conference as observers.

Reporting Committee : Political Affairs Committee

Reference to Committee  : Reference 2846, 23.06.03 (Request for an urgent procedure debate)

Draft Resolution adopted by the Committee on 24 June 2003 with one abstention

Draft Recommendation unanimously adopted by the Committee on 24 June 2003

Members of the Committee : Jakic (Chairman), Rogozin (Vice-Chairman), Feric-Vac (Vice-chairperson), Spindelegger (Vice-Chairman), Aguiar, Aliyev, de Aristegi, Ates, AtkinsonAzzolini, Berceanu, Beres, Bianco, Blaauw (alternate : van Winsen), Blankenborg (alternate : Kvakkestad), Cekuolis, Clerfayt, Davern (alternate : O’Keeffe), Dreyfus-Schmidt, Druviete, Durrieu, Elo, Frey, Glesener, Goulet, Gross, Hedrich, Henry, Hörster, Hovhannisyan, Iwinski, Judd (alternate : Chapman), Karpov, Kirilov, Klich (alternate : Markowski), Koçi, Kostenko, van der Linden, Lloyd, Loutfi, Magnusson, Margelov, Martinez-Casan, Medeiros Ferreira, Mercan, Micunovic, Mignon, Mihkelson, Muratovic, Naudi Mora, Neguta, Nemcova, Nemeth, Oliynyk, Ouzky, Pangalos, Petrova-Mitevska, Petursdottir, Pourgourides, Prentice (alternate : Kilclooney), Prica, Prisacaru, de Puig, Pullicino Orlando, Ranieri, Roth, Severin, Severinsen, Tabajdi, Tekelioglu, Tritz (alternate : Bindig), Vakilov (alternate : Mollazade) Volpinari (alternate : Arzilli), Voulgarakis (alternate : Liapis), Westerberg, Wielowieyski, Wohlwend (alternate : Brunhart), Wurm, Yarygina, Zacchera, Zhvania, Ziuganov (alternate : Slutsky).

N.B. : The names of the members who took part in the meeting are printed in italics.

Secretariat of the Committee : Mr Perin, Mrs Ruotanen, Mr Chevtchenko, Mr Dossow, Mrs Entzminger, Ms Alléon.


1 Now Art III - 224