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Resolution 2186 (2017)
Call for a Council of Europe summit to reaffirm European unity and to defend and promote democratic security in Europe
1. The Parliamentary Assembly is concerned
that, at present, momentous political challenges, both within and
outside Europe’s borders, are threatening the continent and its
unity: the daily risk of terrorist attacks; the rise of Euroscepticism,
nationalism, populism and xenophobia; the persistence of frozen
and open conflicts; the annexation or occupation of a neighbour’s
territories; the prolongation of state-of-emergency measures and the
re-emergence of divisions. Wars at Europe’s doorstep threaten the
security of the continent and have caused massive flows of refugees
and migrants.
2. The efficiency and authority of the unique human rights protection
system based on the European Convention on Human Rights (ETS No.
5) are threatened by various attempts to undermine the authority
of the European Court of Human Rights, by the lack of political
will on the part of certain States parties to implement its judgments,
despite their legally binding force, or by delays in their implementation.
3. Recent developments within the European Union, including ongoing
infringement and rule of law procedures against some of its member
States, the lack of solidarity in the handling of the refugee and migratory
crisis, as well as the decision by the United Kingdom to leave the
European Union, also present challenges for the Council of Europe,
as it provides a unique forum for co-operation between European
States which are members of the European Union and those which are
not.
4. Against this background, the Assembly believes that the Council
of Europe and the values it upholds are today more necessary than
ever: as the origin of European construction, bringing together
almost all European States on the basis of common values and principles
and thus a natural guardian of “unity within diversity”, offering
a common legal space to 835 million Europeans, guaranteeing protection
of their human rights, promoting social rights and democracy and
contributing to the development of a European civil society, the Council
of Europe is today best placed to help meet the challenges raised
by growing nationalism and avoid the building of new walls.
5. Alongside the European Union, whose far-reaching integration
project will never cover the whole continent, and the Organization
for Security and Co-operation in Europe (OSCE), which also covers
non-European States, the Council of Europe, composed of 47 European
States, remains the only pan-European organisation capable of promoting
and guaranteeing democratic security throughout the continent.
6. In order to preserve and further strengthen this unparalleled
pan-European project, currently threatened by divisions and a weakening
of member States’ commitment, the Assembly calls for a 4th Summit
of Heads of State and Government of the Council of Europe.
7. In a Europe which has changed profoundly since the last summit,
held in Warsaw in 2005, and at a time when the whole world seems
to be changing, a summit would offer member States an outstanding
opportunity to reaffirm, in the strongest possible terms and at
the highest political level, their commitment to the ideal of European
unity and the values and principles of democracy, human rights and
the rule of law upheld by the Council of Europe. Member States should
clearly express their willingness to continue to be part of a single community
that shares common values, a common legal order and a common jurisdiction,
and which is capable of turning internal differences into advantages.
8. The 4th summit should be well focused and could, in particular,
offer political impetus to:
8.1. enhance
the efficiency and authority of the human rights protection system,
based on the European Convention on Human Rights, reverse current
tendencies undermining the authority of the European Court of Human
Rights and improve the record of implementation of its judgments
by member States;
8.2. strengthen the supervision system of the European Social
Charter (revised) (ETS No. 163), including its collective complaint
system and its monitoring mechanisms (in particular regarding the election
of the members of the European Committee of Social Rights by the
Assembly), reaffirming the fact that only the enjoyment of socio-economic
rights and social inclusion allows people to fully take advantage
of their political and civil rights;
8.3. encourage member States to adopt effective measures against
the growing problems of poverty and modern slavery, thus reassuring
European citizens that European institutions are not indifferent
to their problems and the reality of their everyday life;
8.4. recognise the valuable contribution of the Council of
Europe Commissioner for Human Rights to the development of sustainable
human rights-centred policies at national and local level throughout
the continent, as well as the role played by the Organisation’s
standard-setting and monitoring bodies;
8.5. enhance the Council of Europe’s mission both as guardian
and innovator of democracy, including by strengthening the role
of the Parliamentary Assembly as a strong pillar of European parliamentarism, bringing
together representatives of citizens from almost all European States,
and consolidating the role of the European Commission for Democracy
through Law (Venice Commission) as a constitutional law expert body
promoting democracy within and outside Europe’s borders.
9. The summit should also aim at consolidating citizens’ trust
in democratic institutions and democratic values and propose ways
to increase citizens’ participation and consultation with civil
society in search of common solutions to common problems. It could
thus bring the Organisation closer to the people it serves and contribute
to the emergence of a European civil society.
10. At a time when the European Union is facing numerous challenges
and is also reflecting on the future of Europe, the summit would
offer a fresh and timely opportunity to define, at the highest political
level, the role to be played by the Council of Europe in the overall
European political architecture. In a Europe of concentric circles,
the heads of State and government from the 47 member States of the
Council of Europe, representing the widest circle, should ensure
coherence of standards between the Council of Europe and the European Union,
avoid overlapping and harmonise as much as possible the various
levels of their co-operation, in the best interest of European citizens.
For this purpose, the Assembly asks the heads of State and government
of the Council of Europe to discuss again the 2006 report “Council
of Europe–European Union – A sole ambition for Europe” and to decide
a specific timetable to implement the proposals contained therein
in order to remove any overlap between the Council of Europe and
the European Union.
11. The Assembly notes that the efficient preparation of the summit
would require the development of synergies between all sectors of
the Organisation, co-ordinated by its Secretary General, and more
significantly between its two statutory organs. Although the primary
responsibility lies with the Committee of Ministers, the Assembly,
enhanced by recent reforms, should expect to play an important role
in the preparation of the summit, especially as it has been promoting
this idea for several years.
12. In this respect, there is currently an inconsistency in the
composition of the two statutory organs, following the illegal annexation
of Crimea by the Russian Federation and the Assembly’s decision
to apply, on these grounds, sanctions vis-à-vis the Russian parliamentary
delegation. For three consecutive years, one of the Council of Europe
member States, the Russian Federation, has participated in the activities
and been represented in the bodies of only one of the two statutory
organs of the Organisation, namely the Committee of Ministers, but
not in the Assembly. The Assembly regrets that, as a reaction to
this situation, the Russian Federation announced, on 30 June 2017,
its decision to suspend payment of its contribution to the budget
of the Council of Europe for 2017 until full and unconditional restoration
of the credentials of the delegation of its Federal Assembly in
the Parliamentary Assembly of the Council of Europe.
13. The Assembly considers that the overall situation in the Organisation
is today counterproductive, particularly as it adversely affects
its overall impact as a guardian of human rights and democracy throughout the
continent. This is not in the interest of the citizens of the 47
member States.
14. The Assembly notes that the Statute of the Council of Europe
(ETS No. 1), as supplemented by Statutory Resolution (51) 30, provides
for synergy between the two statutory organs as regards membership
of the Organisation.
15. However, over the years, and in particular after the Organisation’s
enlargement during the 1990s, the Assembly has developed rules governing
the participation and representation rights of members of national delegations
in its own activities and bodies which do not provide for any kind
of synergy or coherence with the Committee of Ministers.
16. Therefore, the Assembly, as part of the preparatory work for
the summit, resolves to initiate a procedure aimed at harmonising,
jointly with the Committee of Ministers, the rules governing participation
and representation of member States in both statutory organs, while
fully respecting the autonomy of these bodies. This coherence should
strengthen the sense of belonging to a community and of the obligations
incumbent upon every member State.
17. This common reflection could be carried out jointly by the
Assembly and the Committee of Ministers within an ad hoc working
group set up by the Joint Committee. For this process to be credible
and fruitful, the whole Assembly and every single member State should
do their utmost to ensure that all member States of the Organisation
will be fully represented in the process on both the parliamentary
and intergovernmental sides in strict compliance with their respective
obligations and resolutions.
18. In the meantime, and as part of the preparatory work for the
summit, the Assembly resolves to continue its own reflection on
its identity, role and mission as a statutory organ of the Council
of Europe and a pan-European forum for interparliamentary dialogue
which aims at having an impact in all Council of Europe member States.
This reflection would also enable the Assembly to provide its own
vision of the future of the Organisation.