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Reply | Doc. 13873 | 23 September 2015
The implementation of the Memorandum of Understanding between the Council of Europe and the European Union
1. The Committee of
Ministers welcomes Parliamentary Assembly Recommendation 2060 (2015)
on “The implementation of the Memorandum of Understanding between
the Council of Europe and the European Union”, which it has transmitted
to the Steering Committee for Human Rights (CDDH) and to the Committee
of Legal Advisers on Public International Law (CAHDI) for information
and comments.
2. At its 125th Session held in Brussels on 19 May 2015, the
Committee of Ministers took note with satisfaction of the increase
in co-operation between the Council of Europe and the European Union.
As indicated in the report submitted by the Ministers’ Deputies, 
the “strategic partnership” which has
developed over recent years on the basis of the 2007 Memorandum
of Understanding between the Council of Europe and the European
Union has been further strengthened through its three pillars ‒
political dialogue, legal co‑operation and co-operation projects.
Co-operation has become more structured and political through increased
consultations addressing both European Union member States and those
States which are not members of the European Union.
the “strategic partnership” which has
developed over recent years on the basis of the 2007 Memorandum
of Understanding between the Council of Europe and the European
Union has been further strengthened through its three pillars ‒
political dialogue, legal co‑operation and co-operation projects.
Co-operation has become more structured and political through increased
consultations addressing both European Union member States and those
States which are not members of the European Union.3. It is the constant ambition of the Committee of Ministers
for the Council of Europe monitoring mechanisms to be strong and
independent (paragraph 3.1 of the Assembly recommendation). The
Committee of Ministers’ commitment to guaranteeing the long-term
effectiveness of the European Convention on Human Rights and to
steering the reform process undertaken for this purpose is one example
of this. The Committee is also presently examining proposals for
reinforcing the European Social Charter mechanism.
4. The Committee of Ministers recognises the importance of maintaining
regular dialogue with the European Union institutions at all levels
(paragraph 3.2 of the Assembly recommendation). It is pleased to
be able to inform the Assembly that such a dialogue is taking place,
including at the highest political level, and refers in this respect
to the above-mentioned report.
5. The Committee of Ministers reaffirms the importance it attaches
to accession by the European Union to the European Convention on
Human Rights and reiterates its political support for this. It expresses
the hope that the process will be finalised at the earliest opportunity.
Since the EU Court of Justice’s opinion on this issue, formal and
informal contacts between both parties have intensified and will
continue with a view to overcoming the remaining obstacles.
6. The Committee of Ministers considers that European Union accession
to other key Council of Europe conventions, monitoring mechanisms
and bodies should also be promoted and facilitated (paragraph 4.2
of the Assembly recommendation). It notes that the European Union
is already party to ten Council of Europe conventions. Furthermore,
discussions will continue as regards participation of the EU in
GRECO, arrangements for the possible evaluation by MONEYVAL of the
EU’s Fourth Anti-Money Laundering Directive when it comes into force,
completion of the modernisation of the Council of Europe Convention
on Data Protection, as well as possible EU accession to other Council
of Europe instruments with separate monitoring mechanisms, such
as the Convention on Preventing and Combating Violence against Women
and Domestic Violence (Istanbul Convention), the Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse
(Lanzarote Convention) and the Council of Europe Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime and
on the Financing of Terrorism (Warsaw Convention), which the EU
has already signed. To facilitate these future accessions, the Committee
of Ministers agrees, however, with the analysis of the Secretary
General in his report on the review of Council of Europe conventions according
to which “this accession, alongside with or instead of its member
States, may, in fact, have a number of implications on the functioning
of the conventions concerned [… ] and the co-ordination of the action
by the EU and its member States when taking positions and/or expressing
a vote”.
Furthermore,
discussions will continue as regards participation of the EU in
GRECO, arrangements for the possible evaluation by MONEYVAL of the
EU’s Fourth Anti-Money Laundering Directive when it comes into force,
completion of the modernisation of the Council of Europe Convention
on Data Protection, as well as possible EU accession to other Council
of Europe instruments with separate monitoring mechanisms, such
as the Convention on Preventing and Combating Violence against Women
and Domestic Violence (Istanbul Convention), the Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse
(Lanzarote Convention) and the Council of Europe Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime and
on the Financing of Terrorism (Warsaw Convention), which the EU
has already signed. To facilitate these future accessions, the Committee
of Ministers agrees, however, with the analysis of the Secretary
General in his report on the review of Council of Europe conventions according
to which “this accession, alongside with or instead of its member
States, may, in fact, have a number of implications on the functioning
of the conventions concerned [… ] and the co-ordination of the action
by the EU and its member States when taking positions and/or expressing
a vote”. 7. The Committee is convinced that the new EU policy agendas
in the area of freedom, security and justice for the period 2015-2020
will offer further opportunities to achieve coherence and complementarity
(paragraph 4.3 of the Assembly recommendation). The Council of Europe
has provided comments on the draft EU Directives in early 2015 concerning
the preparation of EU legislation for strengthening procedural rights
of suspected or accused persons in criminal proceeding that builds
on Council of Europe standards. This type of consultation is also
undertaken in the fields of anti-terrorism and anti-discrimination.
8. The Committee encourages active co-operation with the European
Union in the implementation of the new “Framework to strengthen
the rule of law” in European Union member States (paragraph 4.4
of the Assembly recommendation). The rule of law being one of the
three pillars of the Council of Europe since its creation, the Organisation
has had a long established experience in dealing with these issues
and provides valuable input to the EU in implementing this new framework.
Any initiative should take account of the Memorandum of Understanding
in order to avoid duplication and ensure added value.
9. The Committee recognises the importance in developing appropriate
synergies between Council of Europe monitoring mechanisms and bodies
and any new mechanisms which may be set up by the European Union
(paragraph 4.5 of the Assembly recommendation). To this end, contacts
have intensified with a view to furthering synergies between the
European Union and the Council of Europe monitoring and advisory
bodies. As highlighted in the report submitted to the Committee
of Ministers at its 125th Session, the EU actively calls upon candidate
States and States negotiating association agreements with it to
draw on the expertise of the Council of Europe, including that of
the Venice Commission. In addition, the Council of Europe’s European Commission
for the Efficiency of Justice (CEPEJ) provides data on the functioning
of judicial systems in the 28 EU member States used for the EC’s
annual “Justice Scoreboard”. A successful co-operation has furthermore developed
between the Council of Europe and the European Union Agency for
Fundamental Rights (FRA) in various areas on the basis of their
respective mandates, strengths and skills, as illustrated by the
publication of several joint handbooks.
10. The Committee of Ministers agrees with the Parliamentary Assembly
that the Council of Europe should seek to contribute actively to
future European Union colloquia on the state of human rights in
Europe, thus bringing in the perspective and expertise of the Council
of Europe (paragraph 4.6 of the Assembly recommendation). The Committee
of Ministers also reaffirms its strong commitment to the strengthening
of the human rights protection system in Europe, of which the European
Convention on Human Rights is the cornerstone.
11. The Parliamentary Assembly asks the Committee of Ministers
to raise public awareness about the partnership and synergies being
developed by the Council of Europe and the European Union, especially
in the context of European Union accession to the European Convention
on Human Rights (paragraph 5 of the Assembly recommendation). The
Committee of Ministers notes that the Memorandum of Understanding provides
that the Council of Europe and the European Union shall improve
“co-operation in the area of communication with the aim of increasing
awareness and understanding of their shared values and of their partnership
among both the general public and specialised audiences”. The Council
of Europe’s Liaison Office in Brussels and the European Union delegation
in Strasbourg have significantly contributed to the development of
the partnership at all levels and to its visibility. The Committee
agrees that in this context public awareness around the issue of
European Union accession to the European Convention on Human Rights
could be further enhanced.