Print
See related documents
Resolution 2029 (2015) Final version
The implementation of the Memorandum of Understanding between the Council of Europe and the European Union
1. The Parliamentary Assembly strongly
supports the strengthening of the partnership between the Council of
Europe and the European Union, in line with the memorandum of understanding
concluded in 2007, which highlights the role of the Council of Europe
as “the benchmark for human rights, the rule of law and democracy in
Europe” and states that the European Union “regards the Council
of Europe as the Europe-wide reference source for human rights”.
2. Referring to its Resolution
1836 (2011) and Recommendation
1982 (2011) on the impact of the Lisbon Treaty on the Council of
Europe, the Assembly welcomes the fact that human rights, democracy
and the rule of law have been placed at the forefront of European
Union policies; this has opened up new opportunities for co-operation
between the two organisations based on each other’s acquis and comparative advantages.
3. Since the signature of the memorandum of understanding in
2007 and the entry into force of the Lisbon Treaty in 2009, the
Assembly is pleased to note in particular, that:
3.1. co-operation has become more
structured, strategic and political;
3.2. contacts between the two organisations, both at the political
level, including high-level political dialogue, and technical and
working levels, have been steadily increasing both quantitatively
and qualitatively;
3.3. the European Union has increased its role in the traditional
areas of activity of the Council of Europe, such as justice, freedom,
security and the rule of law, and, in the period 2010-2014, made extensive
use of Council of Europe expertise in the implementation of the
Stockholm Programme – An open and secure Europe serving and protecting
citizens;
3.4. the European Union has regularly requested input from
the Council of Europe, notably in the context of the European Union
Enlargement and Neighbourhood policies;
3.5. consultations take place at an early stage in the process
of drafting European Union legislation, including through written
contributions and exchanges of views, and representatives of the
European Union are regularly invited to participate in Council of
Europe standard-setting activities;
3.6. an increasing number of European Union documents refer
explicitly to the standards and instruments of the Council of Europe;
3.7. mutual representation in Brussels and in Strasbourg has
facilitated co-ordination, intensified relations and enhanced impact.
4. The Assembly welcomes the comprehensive programme agreement
on the financing of European Union–Council of Europe joint programmes
for the period 2014-2020, which has strengthened the co-ordination,
impact and sustainability of co-operation programmes, putting in
place a new framework for co-operation in the European Union enlargement
region, in countries covered by the European Union’s Eastern Partnership
programme and also in countries in the southern Mediterranean region,
in a spirit of shared responsibilities.
5. While welcoming these positive steps, the Assembly points
out that the memorandum of understanding is a contract with an obligation
of results on both sides, and refers to Recommendation 2027 (2013) on the European Union and Council of Europe human rights
agendas: synergies not duplication. This recommendation welcomes
the possibility of higher levels of human rights protection, but
warns against the setting up of parallel mechanisms which could
lead to double standards, “forum shopping” and the lowering of Council
of Europe standards.
6. The Assembly is convinced that only the accession of the European
Union to the European Convention on Human Rights (ETS No. 5, “the
Convention”) can ensure in-depth legal co-operation, enhance the coherence
of legal standards and provide a unique framework for human rights,
democracy and the rule of law in Europe. The Assembly welcomes the
agreement reached at the negotiators’ level in April 2013 on the
draft accession agreement and considers that the obstacles identified
by the Court of Justice of the European Union in its Opinion 2/13
must be overcome as soon as possible, in line with political commitments
undertaken by all sides, as reflected in the Lisbon Treaty. It therefore
invites those member States of the Council of Europe which are also
members of the European Union to exercise their influence in such
a way as to resume, without delay, the negotiations on EU accession
to the Convention and to give high political priority to this process.
7. The Assembly welcomes stronger European Union action in the
fields of justice and home affairs and the rule of law, inasmuch
as democracy, the rule of law and respect for human rights are thereby
better upheld in the 28 member States of the European Union. With
a view to pursuing further the building of a common space for human
rights protection, ensuring complementarity and coherence of standards
and the monitoring of their implementation, while avoiding duplication
of work, the Assembly invites the European Union to:
7.1. resume, without delay, negotiations
on the accession of the European Union to the Convention in light
of Opinion 2/13 of the European Union Court of Justice and give
high political priority to this issue;
7.2. take into account the Council of Europe’s role as the
reference for human rights, the rule of law and democracy in Europe
while preparing new initiatives in this field;
7.3. examine with the Council of Europe the possibility for
the European Union to accede to key Council of Europe conventions
tackling the major challenges facing European society today, including the
European Social Charter (revised) (ETS No. 163);
7.4. pursue full accession to the Group of States against Corruption
(GRECO) as soon as possible, and respect the principle of equal
treatment among members of GRECO, which involves the evaluation of
European Union institutions by GRECO’s mechanisms, taking into account
its specificity as a non-State entity;
7.5. carry on discussions concerning the terms of participation
of the European Union in Council of Europe non-convention-based
monitoring mechanisms and bodies such as the European Commission against
Racism and Intolerance (ECRI), the European Commission for the Efficiency
of Justice (CEPEJ) or the European Commission for Democracy through
Law (Venice Commission);
7.6. make full use of reports by Council of Europe monitoring
bodies and mechanisms, such as those by the European Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) and by the Group of Action against Trafficking in Human Beings
(GRETA), and of the monitoring mechanisms of the Framework Convention
for the Protection of National Minorities (ETS No. 157) and the
European Charter for Regional or Minority Languages (ETS No. 148),
and to co-operate with the Council of Europe in the relevant fields;
7.7. use, and thereby strengthen, the channels of regular and
structured consultation, at least once per European Union presidency,
especially on normative developments in the fields of human rights, justice,
the rule of law and home affairs, and consistently consult the Council
of Europe on relevant European Union draft legislation;
7.8. follow up on existing Council of Europe monitoring procedures
and recommendations issued to member States by the Council of Europe,
enforce their implementation in European Union member States and
facilitate the implementation of the decisions of the European Court
of Human Rights;
7.9. ensure that human rights standards upheld by the European
Union do not fall short of those upheld by the Council of Europe
in order to avoid double and lower standards and subsequent “forum shopping”;
7.10. implement the new European Union framework to strengthen
the rule of law in a way which builds on and complements the instruments
and expertise of the Council of Europe;
7.11. intensify co-operation with the Council of Europe in the
context of the new strategic guidelines for legislative and operational
planning within the European Union’s area of freedom, security and
justice for the period 2015-2020, as defined by the European Union;
7.12. co-ordinate the European Union annual colloquium on the
state of human rights in Europe with the work of the Council of
Europe;
7.13. continue promoting accession to key Council of Europe
conventions and monitoring mechanisms and bodies among European
Union member States and in the context of the European Union enlargement
and neighbourhood policies, as appropriate;
7.14. ensure complementarity in the context of the European
Union Strategic Framework and Action Plan on Human Rights and Democracy
focusing on European Union external actions.
8. The Assembly calls on parliaments of the European Union member
States to continue enhancing the visibility of the reinforced partnership
between the two organisations, including those between the Assembly and
the European Parliament.
9. For its part, the Assembly welcomes the recently intensified
contacts between its president and the leadership of both the European
Parliament and the European Commission and invites its president
and/or its presidential Committee to:
9.1. increase the number of regular meetings and informal exchanges
with the European Union leadership on current political challenges;
9.2. explore ways of expanding co-ordination and co-operation
between the two parliamentary bodies of the European Union and the
Council of Europe and their political groups.
9.3. consider updating the agreement on the strengthening of
co-operation between the Parliamentary Assembly of the Council of
Europe and the European Parliament of 28 November 2007, with a view
to taking into account the most recent developments since the entry
into force of the Lisbon Treaty.
10. In conclusion, the Assembly believes that, while the memorandum
of understanding remains a sound basis to continue guiding and structuring
relations between the Council of Europe and the European Union, only
genuine, continuous and substantial co-operation between the two
organisations can help create a truly secure and just European Union
where human rights and the rule of law are fully respected, protected
and promoted. This should ultimately lead to the accession of the
European Union to the Statute of the Council of Europe (ETS No. 1)
in line with the recommendation included in the 2006 Juncker report
“Council of Europe – European Union: ‘A sole ambition for the European
continent’”.