On 25 October 2016, the European Parliament adopted a resolution proposing that the European Union establish a binding mechanism to monitor the situation of democracy, the rule of law and human rights in the 28 member States and to ensure compliance with the EU fundamental values and implementation of the European treaties.
This is both a legitimate and a consistent approach from an EU perspective. Nonetheless, there is no doubt that a mechanism of this type, if it were to come about, would – on account of its substance and scope – have a clear impact on the Council of Europe, its standard-setting acquis and the implementing mechanisms of its conventions. In point of fact:
The Parliamentary Assembly should examine the extent to which the introduction of this planned EU mechanism will call into question the Council of Europe’s instruments to promote and protect human rights, whether there is a risk of duplication of and competition with the Council of Europe’s mechanisms and a risk of an overlap of standards. More particularly, it should gauge the potential impact on its own mode of operation, in particular its procedure to monitor the obligations and commitments entered into by member States.