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Recommendation 2151 (2019)
Establishment of a European Union mechanism on democracy, the rule of law and fundamental rights
1. The Parliamentary Assembly, referring
to its Resolution 2273
(2019) on the establishment of a European Union mechanism
on democracy, the rule of law and fundamental rights, welcomes the
fruitful co-operation between the European Union and the Council
of Europe aimed at ensuring greater respect for the shared values
of human rights, democracy and the rule of law.
2. It recalls that the Memorandum of Understanding concluded
in 2007 between the two organisations establishes common priorities
for institutional co-operation, which are based on enhanced partnership
and complementarity and are meant to be achieved by using common
strategies. In addition, the memorandum contains a firm commitment
by both organisations to “establish common standards” for promoting
a Europe without dividing lines.
3. The Assembly notes that the areas of co-operation outlined
by the Memorandum of Understanding have been progressively grouped
together under the pillars of political dialogue, joint activities
and legal co-operation. As regards the legal co-operation on rule
of law related matters, the Assembly notes that a number of co-operation
arrangements have been made by the European Commission and various
Council of Europe expert bodies to intensify the exchange and sharing
of information, knowledge and experience, thereby preserving the
consistency of rule of law standards and complementarity of action.
4. However, the Assembly considers that, given the political
and institutional context in which the European Union rule of law
initiatives are being drawn up or implemented, rule of law related
matters require, in addition to legal co-operation at a technical
level, intensified political action by the Committee of Ministers.
5. Several European Union initiatives and mechanisms to ensure
that European Union member States comply with rule of law standards
have emerged in recent years. They involve different institutions,
are based on different paradigms and differ in their nature and
coercive effects. Article 7 of the Treaty on European Union was
recently triggered by the European Commission in respect of Poland
and by the European Parliament with regard to Hungary. The assessments
provided by various Council of Europe expert bodies were extensively used
to back both proposals.
6. The Assembly notes that the Lisbon Treaty has modified the
basis of the political dialogue between the two organisations, as
the European Union’s relations with the Council of Europe have since
been under the competence of the High Representative of the Union
for Foreign Affairs and Security Policy. Insofar as it is not directly
involved in the drawing up and implementation of European Union
rule of law related initiatives, the Assembly regrets that, with
the end of the quadripartite meetings, the voice of the Council
of Europe, represented by the chairmanship of the Committee of Ministers
and the Secretary General of the Organisation, is no longer heard
directly on these issues at the highest political and institutional
level by the Presidency of the European Union and the Presidency
of the European Commission.
7. Given the current context and notwithstanding the sound basis
of the existing legal co-operation, the Assembly is concerned that,
in the long run, the variety of the rule of law related initiatives
involving different European Union institutions may jeopardise both
the Memorandum of Understanding’s declared objective of ensuring
the coherence of the standard-setting system in Europe, and the
complementarity and efficiency of mechanisms in upholding the shared
values of human rights, democracy and the rule of law which exist
within the two institutions with regard to States which are members
of both the Council of Europe and the European Union.
8. The Assembly reaffirms the terms of its Recommendation 2060 (2015) on the
implementation of the Memorandum of Understanding between the Council
of Europe and the European Union, in which it stressed that “the
ultimate goal of the partnership between the two organisations,
based on each other’s acquis and comparative
advantages, is to pursue further the building of a common space
for human rights protection and to ensure coherence of standards
and the monitoring of their implementation in Europe” and, “[w]ith
a view to ensuring in-depth legal co-operation, enhancing complementarity
and coherence of legal standards and providing a unique framework
for human rights, democracy and the rule of law in Europe … [asked
the Committee of Ministers to] ensure active co-operation with the
European Union in the implementation of the new framework to strengthen
the rule of law in European Union member States; [and] continue
developing appropriate synergies between Council of Europe monitoring
mechanisms and bodies and any new evaluation mechanisms to be set
up by the European Union”.
9. As the Assembly considers it essential to maintain the primacy
of the Council of Europe in the assessment of the European Union
member States’ compliance with common fundamental values, it recommends
that the Committee of Ministers:
9.1. take
stock, on a regular basis, of the current state of various European
Union rule of law initiatives and assess them in the context of
the Memorandum of Understanding and its objectives to maintain common
standards and complementarity;
9.2. establish a specific co-ordination body to report to the
Committee of Ministers on a regular basis on the above issue;
9.3. create, bearing in mind the respective organisations’
competences, a more integrated approach regarding political decision
making, which would directly involve dialogue with the European
Union institution concerned every time an assessment of a Council
of Europe/European Union member State is carried out as to whether
a risk of a serious breach of the common rule of law standards exists
or whether the deficiency has been remedied or has ceased to exist;
9.4. promote safeguards along similar lines to Article 53 of
the Charter of Fundamental Rights of the European Union, according
to which any European Union rule of law mechanism shall ensure that
the assessment or action of the European Union will not affect existing
procedures arising from Council of Europe advisory or monitoring
mechanisms.