I Council of Europe and ECHR Context of creation of the coe Speech of Winston Churchill at the University of Zurich University The Hague Congres 1948 The London Treaty on May1949 establishing COE
I. Council of Europe and ECHR I. Context of creation of the COE Speech of Winston Churchill at the University of Zurich University ⚫ The Hague Congres 1948 ⚫ The London Treaty on May1949 establishing COE
Aims of the Council of europe II. Aims of the coe The raisons d'etre are set out in the first article of the London Statute: The aim of the council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress >
Aims of the Council of Europe II. Aims of the COE The raisons d’être are set out in the first article of the London Statute : “The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress »
I。 Aims of the Coe Article 3 Treaty of London o To defend and promote rule of law, respect for human rights and principles of pluralism democracy Two objectives: First to unite states for the purpose of safeguarding democratic principles secondly to promote the economic and social development. For the authors of the Treaty of London, political and social democracy are inseparable. No peace without social progress o But creation of the eocd and cee
II. Aims of the COE ⚫ Article 3 Treaty of London ⚫ To defend and promote rule of law, respect for human rights and principles of pluralism democracy Two objectives: First to unite states for the purpose of safeguarding democratic principles ; secondly to promote the economic and social development. For the authors of the Treaty of London, political and social democracy are inseparable. No peace without social progress. ⚫ But creation of the EOCD and CEE
III Member states o Accession: to be part of Europe and to accept democratic values. Decision of the committee of Ministers after consulting Parliamentary Assembly ●47 States 0 founding states 1949 Spain and Portugal 1976, 1977 Central and eastern europe new democracies 1990 Russia 1996
III Member states ⚫ Accession: to be part of Europe and to accept democratic values. Décision of the Committee of Ministers after consulting Parliamentary Assembly ⚫ 47 States -10 founding states 1949 -Spain and Portugal 1976, 1977 -Central and eastern Europe new democracies 1990 -Russia 1996…
IV Structure of the Coe Parliamentary Assembly The Parliamentary Assembly consists of representatives of each Member State elected by its parliament from among its members or appointed among the members of that parliament The Assembly consists of independant parliamentarians. It only has consultative powers. It's the reason why it was original ly called the Consultative Assembly. In 74, it dropped the label consultative to call iself the Parliamentarian Assemly but the new title did no affect the Assembly,s powers
IV. Structure of the COE Parliamentary Assembly: ⚫ The Parliamentary Assembly consists of representatives of each Member State elected by its parliament from among its members or appointed among the members of that parliament. ⚫ The Assembly consists of independant parliamentarians. It only has consultative powers. It’s the reason why it was originaly called the Consultative Assembly. In 74, it dropped the label consultative to call iself the Parliamentarian Assemly but the new title did no affect the Assembly’s powers
Structure Coe Committee of ministers o The most important organ of the Council of Europe. It is the supreme intergovernmental body which has the power to act and to decide for the COE The Secretary general: the challenge of the coe J Jagland
Structure COE Committee of Ministers ⚫ The most important organ of the Council of Europe. It is the supreme intergovernmental body which has the power to act and to decide for the COE. ⚫ The Secretary General: the challenge of the COE J. Jagland
V。 Realisations of coe o One of the most significant role of the COE is its standard setting's activity. More than 200 conventions have been drafted under the auspices of the coe o Treaty making power is important because it forges closer ties between member States by encouragin them to harmonise their laws and legal systems contributes to the unification of law at european level and the framing of minimum standards European“ Jus communIs》
V. Realisations of COE ⚫ One of the most significant role of the COE is its standard setting’s activity. More than 200 conventions have been drafted under the auspices of the COE. ⚫ Treaty making power is important because it forges closer ties between member States by encouraging them to harmonise their laws and legal systems. Il contributes to the unification of law at European level and the framing of minimum standards. European“ jus communis »
Realisations coe二 1. In the field of protection, promotion and prevention in HR O ECHR and other conventions. Monitoring system of each convention The European Commission against racism and intolerance The Commissioner for HR whose post was created in 1999. He plays essentially a preventive role 2. Media and democracy 3. Legal cooperation 4. Social cohesion etc
Realisations COE 1.In the field of protection , promotion and prevention in HR ⚫ ECHR and other conventions. Monitoring system of each convention ⚫ The European Commission against racism and intolerance ⚫ The Commissioner for HR whose post was created in 1999. He plays essentially a preventive role. 2.Media and democracy 3.Legal cooperation 4. Social cohesion etc…
VI Credibility of the COE- Problems with Russia: violation of HR and protocol 14, Russia and Georgia, Azerbaidjan and Armenia The EU: shows signs of moving into areas already covered by the COE Example action against the racism and xenophobia taken up by the EU Overlaping with the UE: Charter of fundamental rights 2000, Fundamental rights Agency
VI. Credibility of the COE -Problems with Russia: violation of HR and protocol 14; Russia and Georgia, Azerbaïdjan and Armenia -The EU: shows signs of moving into areas already covered by the COE. Example action against the racism and xenophobia taken up by the EU -Overlaping with the UE: Charter of fundamental rights 2000, Fundamental Rights Agency -
Credibility EU and COE cooperation The link between the charter and the echr eu accession to the echr protocol 1 4 and article 6 of the Lisbon Treaty o Institutional participation by the Union in the work of the COE: permanent invitation for the EU Commission to attend all meetings of committees established b the Committee of Ministers and to all the meetings of the Committee of Ministers. Today the eU Commission participates in various activities of the CoE and forums EU finances most of the activities of the coe o Memorandum of understanding between the coe and the eu of 10 and 11 May 2009 (document CM (2007)74
Credibility EU and COE cooperation ⚫ The link between the charter and the ECHR: EU accession to the ECHR. Protocol 14 and article 6 of the Lisbon Treaty. ⚫ Institutional participation by the Union in the work of the COE: permanent invitation for the EU Commission to attend all meetings of committees established by the Committee of Ministers and to all the meetings of the Committee of Ministers. Today, the EU Commission participates in various activities of the COE and forums. ⚫ EU finances most of the activities of the COE ⚫ Memorandum of understanding between the COE and the EU of 10 and 11 May 2009 (document CM (2007)74
