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Resolution 2041 (2015) Final version
European institutions and human rights in Europe
1. The Parliamentary Assembly recalls
its previous resolutions and recommendations concerning co-operation
between the European Union and the Council of Europe, in particular Resolution 2029 (2015) on
the implementation of the Memorandum of Understanding between the
Council of Europe and the European Union, Recommendation 2027 (2013) on the
European Union and Council of Europe human rights agendas: synergies
not duplication, Resolution
1836 (2011) and Recommendation
1982 (2011) on the impact of the Lisbon Treaty on the
Council of Europe and Resolution
1756 (2010) and Recommendation
1935 (2010) on the need to avoid duplication of the work
of the Council of Europe by the European Union Agency for Fundamental Rights.
2. The Assembly reaffirms that the European Convention on Human
Rights (ETS No. 5) is the cornerstone of the human rights protection
system in Europe and that any duplication of work in this area should
be avoided.
3. The Assembly 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 the political commitments
made by all sides, as also reflected in the Lisbon Treaty.
4. The Assembly notes that, since the entry into force of the
Lisbon Treaty, the European Union has expanded its activities in
areas traditionally covered by the Council of Europe, especially
in the field of justice and home affairs, and it has taken various
initiatives and action to promote and ensure respect for democracy, human
rights and the rule of law, both inside and outside the European
Union. This creates risks of overlap and unnecessary duplication
of work, and even double standards, but also opportunities for co-operation
and synergies.
5. The Assembly welcomes the synergies which have been developed
recently between European Union and Council of Europe bodies, such
as between the European Commission and the Council of Europe’s European
Commission for the Efficiency of Justice (CEPEJ) on the European
Union Justice Scoreboard. It also welcomes the good co-operation
with the European Union Fundamental Rights Agency.
6. The Assembly welcomes the increased commitment of the European
Union to the core values common to both organisations – democracy,
human rights and rule of law – and its efforts to strengthen its
capacity to protect these values in its member States, as summed
up in the European Commission Communication “A new EU Framework
to strengthen the Rule of Law” of March 2014. It welcomes the European
Union’s willingness to make use of the Council of Europe’s expertise
in implementing this framework.
7. In view of the above, the Assembly invites the European Union
to:
7.1. resume, without delay,
negotiations on the accession of the European Union to the European Convention
on Human Rights in light of Opinion 2/13 of the Court of Justice
of the European Union and give high political priority to this issue;
7.2. continue to explore, in a regular and structured way,
possible synergies with the Council of Europe and to make use of
the expertise of the latter’s institutions and bodies, including
the European Commission for Democracy through Law (Venice Commission),
the Commissioner for Human Rights, the Parliamentary Assembly and
relevant monitoring mechanisms;
7.3. in following up the European Commission’s proposal “A
new EU Framework to strengthen Rule of Law”, inform the Council
of Europe’s relevant bodies of any subsequent developments and/or
of other similar initiatives in this area and make use of its expertise,
in particular as regards defining criteria for the existence of
“systematic threats” to the rule of law;
7.4. continue to scrutinise its draft legislation to ensure
its compatibility with its Charter of Fundamental Rights and make
sure that all European Union institutions participating in the legislative process
are involved in this scrutiny;
7.5. continue to protect and promote human rights in its external
policies and, when so doing, make use of the expertise of the relevant
Council of Europe bodies.
8. The Assembly also invites those member States of the Council
of Europe which are also member States of the European Union to:
8.1. exercise their influence to
re-open as rapidly as possible the negotiations on European Union accession
to the European Convention on Human Rights and to give high political
priority to this process;
8.2. exercise their influence in such a way as to avoid any
unnecessary duplication of work in the field of democracy, human
rights and the rule of law.
9. The Assembly is concerned about the lack of transparency of
the decisions and actions of the European Commission and the European
Central Bank taken in the context of dealing with the consequences
of the economic and financial crises and of imposing austerity measures
on certain member States that belong to the eurozone and that benefit
from the European Union’s financial aid. It is also concerned about
the lack of democratic accountability of the recently established
European Stability Mechanism. Referring to its Resolution 1884 (2012) on austerity
measures – a danger for democracy and social rights and its Resolution 2032 (2015) on
equality and the crisis, the Assembly reiterates its concerns about
the impact of such measures on social and economic rights and the
principle of equality.
10. The Assembly therefore calls on the European Union and its
member States to:
10.1. assess the
social impact of the austerity measures imposed on member States
that belong to the eurozone and that receive financial assistance
from European Union institutions (European Commission and European
Central Bank) and/or the European Stability Mechanism;
10.2. ensure transparency and democratic and judicial control
of decisions related to the conclusion of agreements on such financial
assistance.
11. The Assembly also calls on member States to sign and/or ratify
the European Social Charter (revised) (ETS No. 163), the Additional
Protocol to the European Social Charter Providing for a System of
Collective Complaints (ETS No. 158) and the 1991 Protocol amending
the European Social Charter (ETS No. 142, “Turin Protocol”) which
would allow for the election of the 15 members of the European Committee
of Social Rights by the Parliamentary Assembly, if this has not
yet been done, and implement the decisions of the European Committee
of Social Rights, where applicable.