Doc. 10562

27 May 2005

Preserving and strengthening the leading role of the Council of Europe, also in relation to the European Union, in setting basic legal standards within Europe

Motion for a recommendation

presented by Mr Jurgens and others

1.       The Parliamentary Assembly stresses the importance of the Council of Europe's standard-setting role in ensuring a "Europe without dividing lines", a reality reflecting the core mission of the Organisation: the protection of human rights, promotion of pluralistic democracy and respect for the rule of law.

2.       The Assembly has frequently called for a closer and more structured relationship between the Council of Europe and the European Union, especially given the development of EU/EC areas of competence which has led to a risk of duplication of the core mission of the Council of Europe by the EU.

3.       This is particularly true for the work of the Council of Europe, i.e. setting standards of pluralist democracy, good governance, respect for human rights and for the rule of law. Here some difficulties have recently arisen concerning draft Conventions touching upon matters on which EU/EC competence may also exist.

4.       The Assembly recognises the unique role of the EU in the ever stronger integration of the EU member States. That implies the EU's right to develop its own activities and rules in matters falling within its competence, with due regard to the principle of subsidiarity. At the same time it is necessary to stress that the EU and the Council of Europe should respect each other's core missions. As to the Council of Europe, this enables it to undertake standard-setting initiatives in all areas within its statutory mandate, whether or not they be covered in part by EU competence. Synergy between the Council of Europe and the European Union should be the guiding principles here.

5.       Since its creation in 1949, the Council of Europe has adopted nearly 200 European treaties in different areas falling within its statutory mandate. They show the Council of Europe's outstanding expertise in developing common standards to advance human rights protection across Europe and/or to address important topical challenges and phenomena in European societies (discrimination, biomedicine, cybercrime, terrorism, etc.). Many of these treaties set up specific and sometimes unique mechanisms to supervise or monitor their implementation by Contracting Parties.

6.       Besides this, the European Court of Human Rights has, since 1959, developed case law which sets standards as to human rights. Also the Parliamentary Assembly has in many resolutions and recommendations formulated standards in the field of the core mission of the Council of Europe.

7.       Through this work of developing common standards for the wider Europe, the Council of Europe makes an essential contribution "to achieve a greater unity between its Members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage and facilitating their economic and social progress" (Article 1 of the Statute).

8.       Against this background, the Parliamentary Assembly recommends that the Committee of Ministers:

i. ensures that the Council of Europe's unique legal standard-setting role is fully supported by all member states, as well as by the European Union, which also in this case should apply the principle of subsidiarity;

ii. finds practical solutions to prevent and overcome any difficulties in this area with the European Union .

Signed ¹:

JURGENS, Erik, Netherlands, SOC

AHLQVIST, Birgitta, Sweden, SOC

ALEVRAS, Athanasios, Greece, SOC

BINDIG, Rudolf, Germany, SOC

BRUCE, Malcolm, United Kingdom, LDR

ERTSBORN, Jan, Sweden, LDR

FEDOROV, Valeriy, Russia, EDG

GARDETTO, Jean-Charles, Monaco, EPP/CD

GREBENNIKOV, Valery, Russia, EDG

HOLOVATY, Serhiy, Ukraine, LDR

IVANOV, Sergei, Estonia, LDR

JASKIERNIA, Jerzy, Poland, SOC

KOVALEV, Nikolay, Russia, EDG

MARSHALL, David, United Kingdom, SOC

McNAMARA, Kevin, United Kingdom, SOC

PANGALOS, Theodoros, Greece, SOC

POURGOURIDES, Christos, Cyprus, EPP/CD

RAPSON, Syd, United Kingdom, SOC

SEVERIN, Adrian, Romania, SOC

SHARANDIN, Yuri, Russia, EDG

SMITH, Geraldine, United Kingdom, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      LDR : Liberal, Democratic and Reformers’ Group

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group