Doc. 9438

7 May 2002

Reinforcing the common legal area of Greater Europe

Motion for an order

presented by Mr Olteanu and others

1.       On 29 June 1998 the European Union (EU) set up a mechanism for collective evaluation of the enactment and implementation by the applicant countries of the “acquis” of the European Union in the field of justice and home affairs, focusing primarily on the application of Council of Europe conventions and recommendations (OJEC L191, 07.07.1998).

2.       Compliance with the European Convention on Human Rights and its protocols is provided for in Article 6 of the Treaty on the European Union, in the Declaration on the Abolition of the Death Penalty adopted at the Amsterdam Conference and referring to Article F, paragraph 2 of that treaty, and in Article 52 (3) of the European Union Charter of Fundamental Rights adopted at the European Council in Nice on 7 December 2000 (OJEC C364, 18.12.2000).

      Although the convention is perceived, in the words of J.A. Frowein, as a declaration of rights and a partial European constitution paving the way for a pan-European area of fundamental rights, no legal mechanism has so far been established to link the European Community or the European Union and the European Convention on Human Rights. This makes the two legal systems inconsistent and may in fact be confusing for the general public.

3.       As a result of this paradoxical situation, described as such by legal writers (H.C. Kruger and J. Polakiewicz RUDH/2001), the fundamental rights of the citizens of the European Union and the general principles of Community law are determined on the basis of the ECHR, but at the same time the acts of the Community organs lie outside the jurisdiction of the European Court of Human Rights. This state of affairs poses several problems in terms of the effective exercise of fundamental freedoms in Europe.

4.       The 1986 European Single Act, the Treaty on the European Union and Article 136  (1) of the Treaty establishing the European Community refer to the Social Charter of the Council of Europe, expressing their attachment to the social rights provided for in this pan-European legal instrument to which both the European Union member states and the applicant countries are parties.

5.       The action plan to combat organised crime, approved by the Amsterdam European Council, considers it essential to adopt the Council of Europe conventions in the field of criminal law. These European conventions are also included in the pre-accession pact on organised crime between the member states of the European Union and the applicant countries.

6.       Consequently, drawing attention to its Recommendation 1439 (2000) and to the Committee of Ministers reply to it adopted on 31 May 2000, the Assembly reaffirms its concern to avoid a situation in which the European Union and Greater Europe have two systems for the protection of human rights which might come into conflict.

7.       It considers that accession by the European Community or, better still, the European Union to the European Convention on Human Rights remains appropriate to ensure truly effective compliance with human rights standards across the European continent.

8.       The Assembly calls for joint action with the Committee of Ministers to establish the common legal area of Greater Europe, based on formal recognition of the Council of Europe’s conventions and case-law, which could be given fuller consideration as a criterion for accession to the European Union.

9.       The Assembly instructs its Committee on Legal Affairs and Human Rights to assess, systematise and codify the contribution made by the Council of Europe’s standard-setting instruments and case-law to the Community “acquis”, with the support of the appropriate Council of Europe bodies, in order to identify the key components of the legal area of Greater Europe.

10.       It also asks the committee to contact the relevant committee of the European Parliament, and to report to it on the appropriate draft instrument under which the European Court of Human Rights and the Court of Justice of the European Communities might also have the status of last-instance courts in their respective areas of jurisdiction.

Signed : ¹

Alís Font, Andorra, SOC

Baciu, Romania, SOC

Bársony, Hungary, SOC

Bruce, United Kingdom, LDR

Čekuolis, Lithuania, LDR

Chaklein, Russia, UEL

Cilevičs, Latvia, SOC

Clerfayt, Belgium, LDR

Coifan, Romania, LDR

Dobelis, Latvia, EDG

Elo, Finland, SOC

Frey, Switzerland, LDR

Frunda, Romania, EPP

Grignon, France, EPP

Haraldsson, Iceland, LDR

Henry, Belgium, SOC

Hunault, France, EDG

Huseynov R, Azerbaijan, EPP

Ilaşcu, Romania, NR

Judd, United Kingdom, SOC

Jurgens, Netherlands, SOC

Laakso, Finland, UEL

Lachat, Switzerland, EPP

Lippelt, Germany, LDR

Lloyd, United Kingdom, SOC

Marty, Switzerland, LDR

McNamara, United Kingdom, SOC

Nabholz-Haidegger, Switzerland, LDR

Olteanu, Romania, SOC

Pangalos, Greece, SOC

Rustamyan, Armenia, SOC

Schreiner, France, EDG

Shishlov, Russia, LDR

Solé Tura, Spain, SOC

Spindelegger, Austria, EPP

Štepová, Czech Republic, SOC

Svoboda, Czech Republic, EPP

¹        SOC: Socialist Group

      EPP: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group