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Reply | Doc. 12892 | 05 April 2012
The impact of the Lisbon Treaty on the Council of Europe
1. Like the Parliamentary Assembly, the
Committee of Ministers considers that the entry into force of the Lisbon
Treaty in 2009 has created new opportunities for a reinforced partnership
between the Council of Europe and the European Union (EU), based
on their respective acquis and
comparative advantages and with due regard
for their respective mandates. In addition, the Committee of Ministers
points out that the strengthening of the partnership between the
Council of Europe and the EU is part of the reform of the Organisation,
which shall enable the Council of Europe to fully play its role
in Europe, notably as the benchmark for human rights, the rule of
law and democracy, in line with the Memorandum of Understanding
concluded between the two organisations in 2007.
2. The Committee of Ministers considers that the Council of Europe
and the EU need to join forces in order to better address relevant
challenges facing Europe and its neighbourhood. It agrees with
the Assembly that this values-based partnership should also aim
to “ensure coherence between the pan‑European project promoted by
the Council of Europe and the integration process initiated by the
EU” and considers that it should ultimately lead to a Europe without
dividing lines. The Committee of Ministers further points out that
the EU is a key partner for the achievement of Council of Europe
aims. The consolidation of this partnership remains a priority.
3. Against this background, the Committee of Ministers recalls
that political consultations between the Council of Europe and the
EU are regularly taking place at the highest level. These consultations
have already resulted in increased policy co-ordination and set
a framework for intensified collaboration at operational level, including
in the field. This new dynamic has been further consolidated through
“high-level political dialogue meetings” between, on the one hand,
the chairmanship of the Committee of Ministers and the Secretary General
and, on the other hand, the EU High Representative for Foreign Affairs
and Security Policy, as well as informal ad hoc meetings between
the Secretary General and leaders of the EU on current European
affairs.
4. The Committee of Ministers also recalls that co-operation
between the Council of Europe and the EU is regularly on its agenda.
On 16 November 2011, the Ministers’ Deputies were seized of a summary
report on co-operation between the Council of Europe and the EU
and instructed their Rapporteur Group on External Relations (GR-EXT)
to further report on this matter to enable them to conduct a yearly
review of this co-operation.
5. Contacts have also intensified with a view to further ensuring
coherence between the EU legislation and Council of Europe standards,
the promotion of these standards and synergies with monitoring mechanisms
of the Council of Europe. In particular, leaders of the Council
of Europe and the EU have repeatedly expressed their strong commitment
to a swift and successful conclusion of the accession of the EU
to the European Convention on Human Rights (ECHR). EU accession
to the ECHR will also significantly change the nature of relations
between the Council of Europe and the EU, since it will ultimately
lead to a stronger participation of the EU in the Council of Europe’s
human rights protection system. The Committee of
Ministers hopes that all outstanding issues will be satisfactorily
resolved soon and it will be closely involved in the process.
6. As to the accession of the EU to other Council of Europe conventions,
the Committee of Ministers recalls that one of the objectives of the
ongoing review of conventions of the Organisation is to identify
ways of facilitating EU accession to existing and future Council
of Europe conventions, ensuring coherence between the Council of
Europe and the EU in the areas of human rights, the rule of law
and democracy. Like the Parliamentary Assembly, the Committee of
Ministers shares the view set out in the resolution of the European Parliament
of 19 May 2010, in which accession by the EU to the ECHR is seen
as an essential first step which could be complemented by accession
by the Union to other Council of Europe instruments and bodies.
In that respect, the Committee of Ministers notes with satisfaction
that discussions are ongoing on participation of the EU in GRECO
and the Conference of the Parties to the Warsaw Convention. The
Commission also works together with the Council of Europe on the
ongoing revision of the Council of Europe’s Convention for the Protection
of Individuals with regard to Automatic Processing of Personal Data
(ETS No. 108) in order to ensure coherence with the reform of the
EU data protection framework. In addition, consultations are regularly taking
place with various EU institutions in the course of the elaboration
of new EU legal instruments, particularly those covering human rights,
as in the case of the measures set out in the Roadmap for strengthening
procedural rights of suspected or accused persons in criminal proceedings.
The Committee of Ministers further notes with satisfaction that
an Informal Mutual Information Mechanism has been set up to provide
more early information on respective normative initiatives. It also
recalls that MONEYVAL’s monitoring processes uniquely include an
assessment of members’ compliance with the EU anti-money laundering directive
and related implementing measures.The
use of and support for the Venice Commission’s expertise by the
EU is another particularly good example of co-operation.
7. On the basis of the agreement concluded in 2008 between the
Council of Europe and the European Community, synergies have also
been established between the Organisation and the Agency for Fundamental Rights
of the EU (FRA) and will be further developed, including in the
areas of children’s rights, migration and asylum. Progress made
in this respect is regularly reviewed by the GR-EXT. On Roma issues,
co-operation and co-ordination have been further developed with
the EU by means of the signature on 6 July 2011 of a partnership
agreement in respect of the European Training Programme for Roma
Mediators (ROMED), active participation by the EU and the Council
of Europe in each other’s Roma-related activities and through the Informal
Contact Group and EU Platform for Roma Inclusion. The EU has also
expressed clear support for the Council of Europe’s work on freedom
of expression and the protection of human rights in the field of
Internet governance. Finally, the two organisations will continue
their dialogue on the issues raised in the report of the Group of
Eminent Persons of the Council of Europe.
8. Concerning joint actions and “financial partnership” with
the EU, the Committee of Ministers notes that joint programmes between
the Council of Europe and the EU have remained an important tool
for promoting human rights, democracy and the rule of law in Europe,
in line with the Council of Europe’s standards and findings of its
monitoring mechanisms. They represent the largest source of funding
sustaining Council of Europe technical assistance and co-operation
projects in support of democratic stability in Europe. It will be important
to ensure that Council of Europe access to EU funding within these
core areas of the Organisation is maintained.
9. A €4 million EU-financed “Facility” is being implemented with
the countries of the Eastern Partnership of the EU through a series
of multilateral activities. In addition, a link is currently being
established between the new Neighbourhood Policy of the EU and the
Policy of the Council of Europe towards neighbouring regions, in order
to jointly support reform processes in countries of the Mediterranean
area based on a demand-driven and targeted approach. A €4.8 million
EU-financed “Council of Europe Programme for strengthening democratic
reform in the Southern Neighbourhood” was concluded on 17 January
2012 for the Council of Europe to implement activities with Morocco
and Tunisia, as well as a number of regional activities, in the framework
of its “Neighbourhood co-operation priorities” with these countries.
Possible interactions with other countries of the Mediterranean
area are also explored and EU-financed joint programmes with Kazakhstan
are being prepared. These joint actions and the regular consultations
between the Council of Europe and the EU with respect to countries
participating in the EU’s Neighbourhood Policy illustrate the increasing
benchmarking role of the Council of Europe in the context of the
EU’s external policies.
10. The Committee of Ministers further points out that the opening
of a delegation of the EU to the Council of Europe in Strasbourg,
as a consequence of the entry into force of the Lisbon Treaty, and
the reinforcement of the Council of Europe Liaison Office in Brussels,
which is part of the reform of the Organisation, have significantly
facilitated the reinforcement of the co-operation. In addition,
recent initiatives, such as jointly organised training courses on
the Council of Europe for the staff of the European Commission and
the European External Action Service, as well as public events facilitated
by the Liaison Office in Brussels, have significantly contributed
to raising the visibility of the Organisation and the partnership
with the EU and shall be further developed.
11. The Committee of Ministers welcomes the improved co-operation
of the Assembly with the European Parliament, and its resolve to
further enhance their relations, including pursuing the work of
their Joint Informal Body created to improve information sharing
between the two bodies. It takes note of the Assembly’s intention to
further pursue exchanges of views, joint activities and information
exchange between members of the Assembly and of the European Parliament
at committee level.
12. Finally, the Committee of Ministers takes note of the Assembly’s
proposal to give further consideration to the question of EU accession
to the Council of Europe’s Statute, already recommended in 2006
by the Juncker report on “Council of Europe – European Union: A
sole ambition for the European continent”. The Committee recalls
that this was considered a long-term objective by Mr Juncker, which
would need to be discussed in due time.