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European Union and Council of Europe human rights agendas: synergies not duplication!

Doc. 13321: compendium of written amendments | Doc. 13321 | Final version

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Amendment 1 Amendment 2 Amendment 3 Amendment 4

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly recalls its previous resolutions and recommendations concerning co-operation between the European Union and the Council of Europe, in particular Resolution 1756 (2010) and Recommendation 1935 (2010) on the need to avoid duplication of the work of the Council of Europe by the European Union Fundamental Rights Agency and Resolution 1836 (2011) and Recommendation 1982 (2011) on the impact of the Lisbon Treaty on the Council of Europe.
2It stresses that the Council of Europe’s binding legal instruments, first and foremost the European Convention on Human Rights (ETS No. 5), constitute an effective system of human rights protection and promotion of the rule of law in all its member States, including those which are also members of the European Union.
3The Europe-wide common standards and the level of protection set by the Council of Europe’s legal instruments must not be undercut by member States of the Council of Europe or by the European Union. At the same time, higher standards and stronger protection are always welcome.
4The Assembly reiterates its view that reinventing existing norms and setting up parallel structures creates double standards and opportunities for “forum shopping”, which leads to new dividing lines in Europe. Duplication of work also wastes limited budgetary resources needed for improving the protection of human rights and upholding the rule of law.
5The Assembly is therefore worried that the accelerating expansion of the European Union’s activities in the human rights field may result in unnecessary duplication of the Council of Europe’s work. In the wake of the Charter of Fundamental Rights, the European Union established a Fundamental Rights Agency and created the position of a Special Representative for Fundamental Rights, and is now considering setting up a monitoring mechanism for its member States’ compliance with common fundamental rights and rule of law standards.
6The Assembly recalls that many issues stemming from the coexistence of the legal orders of the Council of Europe and of the European Union will be resolved by the accession, foreseen in the Treaty on European Union, of the European Union to the European Convention on Human Rights.
7The Assembly recognises the need for the European Union to ensure the implementation of its own legal standards by all its member States. It recalls that the expertise of relevant Council of Europe bodies, forged and funded to a large extent by the European Union’s member States acting within the framework of the Council of Europe, is at the disposal of the European Union.
8In particular, the Council of Europe’s European Commission for Democracy through Law (“Venice Commission”) has recently proved capable of providing a well-founded, objective assessment of the constitutional and human rights implications with respect to the situation in Hungary. The Assembly has followed up these findings in Resolution 1941 (2013), based on a report by its Monitoring Committee, and has invited its Committees on Culture, Science, Education and Media, on Legal Affairs and Human Rights and on Political Affairs and Democracy to continue following relevant aspects of the situation in Hungary.
9In view of the above, the Assembly invites

02 October 2013

Tabled by Mr Robert WALTER, Sir Roger GALE, Mr Telmo CORREIA, Sir Jeffrey DONALDSON, Mr Robert NEILL, Ms Karin S. WOLDSETH, Mr Kimmo SASI, Mr Pedro AGRAMUNT, Lady Diana ECCLES, Sir Edward LEIGH, Mr Alexey PUSHKOV

Votes: 55 in favor 2 against 1 abstention

In the draft resolution, after paragraph 9, insert the following paragraph:

"The Assembly is concerned that the European Union is dragging its feet in submitting to the authority of the European Convention on Human Rights as required by the 2009 Treaty of Lisbon and calls upon the European Union to accede to the Convention without qualification and without further delay, thereby putting beyond doubt the European Union's acceptance of the European Convention on Human Rights and Fundamental Freedoms in Europe and of the supremacy of the European Court of Human Rights."

02 October 2013

Tabled by Mr Robert WALTER, Sir Roger GALE, Mr Telmo CORREIA, Sir Jeffrey DONALDSON, Mr Robert NEILL, Ms Karin S. WOLDSETH, Mr Pedro AGRAMUNT, Mr Jim SHERIDAN, Lady Diana ECCLES, Sir Edward LEIGH, Mr Alexey PUSHKOV

Votes: 28 in favor 27 against 1 abstention

In the draft resolution, after paragraph 9, insert the following paragraph:

"The Assembly condemns any proposal by the European Union and/or the European Parliament to undermine or challenge the supreme position of the European Convention on Human Rights as the definitive European legal instrument which addresses Human Rights, Democracy and the Rule of Law in the 47 member countries of the Council of Europe."

02 October 2013

Tabled by Mr Robert WALTER, Sir Roger GALE, Mr Telmo CORREIA, Sir Jeffrey DONALDSON, Mr Robert NEILL, Ms Karin S. WOLDSETH, Mr Kimmo SASI, Mr Pedro AGRAMUNT, Mr Jim SHERIDAN, Lady Diana ECCLES, Sir Edward LEIGH, Mr Alexey PUSHKOV

In the draft resolution, after paragraph 9, insert the following paragraph:

"This Assembly invites the Committee of Ministers to report back urgently to the Assembly on what it is doing to enhance the Council of Europe's role as the benchmark for Human Rights, the Rule of Law and Democracy in Europe, as is set out in the Memorandum of Understanding between the Council of Europe and the European Union concluded in May 2007."

02 October 2013

Tabled by Mr Robert WALTER, Sir Roger GALE, Mr Telmo CORREIA, Sir Jeffrey DONALDSON, Mr Robert NEILL, Ms Karin S. WOLDSETH, Mr Kimmo SASI, Mr Pedro AGRAMUNT, Mr Jim SHERIDAN, Lady Diana ECCLES, Sir Edward LEIGH, Mr Alexey PUSHKOV

Votes: 54 in favor 4 against 1 abstention

In the draft resolution, after paragraph 9, insert the following paragraph:

"The Assembly invites the Committee of Ministers to take all necessary actions to ensure that the European convention of Human Rights continues to be the supreme and definitive European legal instrument which addresses Human Rights, Democracy and the Rule of Law among all Members of the Council of Europe, including those countries which are also Members of the European Union."

9.1the European Union to:
9.1.1explore possible synergies with existing Council of Europe mechanisms in the fields of human rights, democracy and the rule of law before setting up new structures or further expanding the activities of recently created bodies;
9.1.2in particular, to continue to make use of the expertise of relevant Council of Europe bodies such as the Venice Commission, the Parliamentary Assembly and relevant specialised monitoring mechanisms, including those set up under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126), the revised European Social Charter (ETS No. 163), the Convention on Action against Trafficking in Human Beings (CETS No. 197), the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (ETS No. 141), as well as with the Group of States against Corruption and the European Commission against Racism and Intolerance;
9.1.3explore modalities of co-operation with the Council of Europe in promoting and implementing the above-mentioned Council of Europe conventions and becoming a Party to them to the extent possible;
9.1.4accelerate the accession of the European Union to the European Convention on Human Rights;
9.2the member States of the Council of Europe to facilitate co-operation between the Council of Europe and the European Union at all levels, including by ensuring that relevant conventions are drafted or adapted in such a way as to facilitate accession by the European Union.
9.3those member States of the Council of Europe which are also members of the European Union to exercise their influence in the Union in such a way as to minimise duplication and maximise synergies between the European Union and the Council of Europe in the field of human rights, democracy and the rule of law.