Beyond the Lisbon Treaty: strengthening the strategic partnership between the Council of Europe and the European Union
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 26 April 2022 (11th sitting) (see Doc. 15495, report
of the Committee on Political Affairs and Democracy, rapporteur:
Mr Titus Corlăţean). Text adopted by
the Assembly on 26 April 2022 (11th sitting).See
also Recommendation 2226
(2022).
1. In 2009, the entry into force of
the Treaty of Lisbon ushered the European Union into a new phase
of European integration, placing democracy and respect for the rule
of law and human rights at the forefront of the European Union’s
policies. This emphasis on issues which are at the core of the mandate
of the Council of Europe created greater opportunities for co-operation
between the two organisations. Since then, the Council of Europe
and the European Union have consolidated the strategic partnership
foreseen by the 2007 Memorandum of Understanding between the Council
of Europe and the European Union, which was based on the three pillars
of enhanced political dialogue, stronger legal co-operation and
a wide range of joint co-operation programmes.
2. In 2022, the Russian Federation’s aggression against Ukraine
and the ensuing exclusion of the Russian Federation from the Council
of Europe confirm the importance of continuing to work to promote
democratic security and reframe the co-operation between the Council
of Europe and the European Union from a new perspective. In the
light of the epochal changes that Europe is experiencing, the Parliamentary
Assembly calls for a renewed impetus towards strengthening the strategic
partnership between the Council of Europe and the European Union
on the basis of their shared values and commitment to promoting
peace, security and stability on the European continent and supporting
multilateralism worldwide.
3. In order to reinforce the democratic security of European
States, it has become imperative and urgent to reverse the backsliding
of democracy, protect the integrity of democratic processes against
external interference and innovate the functioning of democratic
institutions, notably through greater citizen engagement. The choice
of “A new push for European democracy” as one of its six political
priorities and the adoption of the “European Democracy Action Plan”
show a clear understanding of this need on the part of the European
Commission. Similarly, the Conference on the Future of Europe, the
first exercise of participatory democracy at European Union level,
has explored new ways to involve ordinary citizens in the European Union’s
decision-making process.
4. Strong and resilient democracies are based on scrupulous respect
for the rule of law. The Assembly takes note of the panoply of tools
that the European Union has put in place, since the entry into force
of the Treaty of Lisbon, to tackle threats to the rule of law in
its member States. Taking note that all European Union member States
are also Council of Europe member States, the Assembly welcomes
the active involvement of the Council of Europe in the preparation
of the European Union’s “Rule of law report” and invites the European Union
to rely even more extensively on the Council of Europe’s expertise,
benchmarking and findings in the context of the manifold mechanisms
which the European Union has set up in this area.
5. As set out in the Statute of the Council of Europe (ETS No. 1),
genuine democracies are based on respect for individual freedoms
and political liberties. By establishing the European Union’s legal
personality, the Treaty of Lisbon created a solid basis for developing
a coherent legal space in Europe, enabling the European Union to
adhere to Council of Europe conventions and participate in Council
of Europe mechanisms. The Treaty of Lisbon also upgraded the status
of the Charter of Fundamental Rights of the European Union to a
European Union Treaty and made the accession of the European Union
to the European Convention on Human Rights (ETS No. 5, the Convention)
a legal obligation.
6. The Assembly welcomes the resumption, in 2020, of the negotiations
on the European Union’s accession to the European Convention on
Human Rights and notes with satisfaction that moving forward with this
process is a priority for the European Union and the Council of
Europe, as indicated in the Strategic Framework of the Council of
Europe 2022-2025. The Assembly reaffirms its confidence that accession
will help guarantee coherence and consistency between European Union
law and the Convention system and will lead to a single legal space
in which the European Union is also subject to the European Convention
on Human Rights.
7. Since the entry into force of the Treaty of Lisbon, the European
Union has acceded to the Council of Europe Convention on the Prevention
of Terrorism (CETS No. 196) and its Additional Protocol (CETS No. 217) and
participates, in different capacities, in several partial agreements,
including the Group of States against Corruption (GRECO) and the
Council of Europe International Co-operation Group on Drugs and
Addictions (Pompidou Group). The Assembly welcomes these developments
and looks forward to the Council of Europe and the European Union
further strengthening and formalising their legal co-operation,
with a view to avoiding duplication of effort and preventing the
emergence of diverging legal standards in Europe.
8. As regards the European Union’s enlargement, a number of Council
of Europe member States, including Albania, Bosnia and Herzegovina,
Montenegro, North Macedonia, Serbia and Turkey, while at different
stages in the procedure, have expressed their wish to join the European
Union. In the aftermath of the Russian Federation’s aggression against
Ukraine, Ukraine itself, the Republic of Moldova and Georgia have
submitted similar requests. The Assembly underlines that the prospect
of European Union membership represents a factor of stability in
Europe, especially in the light of the new geopolitical context.
At the same time, it calls on the Council of Europe to redouble
its efforts to help its member States wishing to join the European
Union to make tangible and measurable progress towards meeting the
necessary criteria.
9. In the current multipolar geopolitical system, relations between
major powers have become increasingly confrontational and unilateral.
The Assembly shares the conviction expressed by the European Commission
in its “Joint Communication to the European Parliament and the Council
on strengthening the EU’s contribution to rules-based multilateralism”
that multilateralism based on common rules is the best way to preserve
peace and stability, and resolutely supports the drive for the European
Union to have a stronger voice on the international stage.
10. In view of these considerations, while reiterating its previous
resolutions on relations between the Council of Europe and the European
Union, the Assembly invites the European Union to:
10.1 ensure synergy and complementarity
with the Council of Europe with a view to enhancing democratic security
by strengthening democracy, the rule of law and the protection of
human rights in Europe and projecting these values outside Europe
through their external relations and neighbourhood policies;
10.2 step up political and technical consultation and concertation
with the Council of Europe with a view to ensuring convergence of
purpose while avoiding duplication and inconsistencies;
10.3 regularly take into account the Council of Europe’s role
as the benchmark for democracy, human rights and the rule of law
in Europe while preparing and implementing initiatives in these
fields;
10.4 intensify political dialogue with the Council of Europe
in the area of the rule of law and make greater use of the Council
of Europe’s expertise, benchmarking and findings in the context
of the wide range of existing European Union mechanisms and tools
regarding the rule of law;
10.5 pursue with resolve the negotiations aimed at achieving
the accession of the European Union to the European Convention on
Human Rights;
10.6 examine, in consultation with the Council of Europe, the
possibility for the European Union to accede to other key Council
of Europe conventions which tackle the major challenges facing European societies,
including the European Social Charter (revised) (ETS No. 163), and
continue its efforts in view of securing the necessary support for
the accession of the European Union to the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210);
10.7 consider involving the Council of Europe, as appropriate,
in the follow-up to the Conference on the Future of Europe;
10.8 continue strengthening co-operation with the Council of
Europe in the context of the implementation of the European Democracy
Action Plan and, in general, of the European Commission’s priority
“A new push for European democracy” to ensure convergence of action;
10.9 develop structural dialogue and concertation with the
Council of Europe in the context of the European Union enlargement
process, with a view to providing more effective support to Council
of Europe member States that aspire to membership of the European
Union to implement and sustain the necessary reforms, and giving
them a concrete prospect of accession within a reasonable timeline;
10.10 involve the Assembly in the interparliamentary activities
set up in the context of dialogue of the European Union with countries
from the Eastern Partnership and the Western Balkans;
10.11 explore the possibility of making non-earmarked contributions
to the Council of Europe budget.
11. Furthermore, the Assembly takes stock of the importance which
the Treaty of Lisbon has given to parliamentary democracy, with
the greater powers conferred upon the European Parliament in setting
the European Union’s political direction, the enhanced emphasis
on interparliamentary co-operation and the new role of national
parliaments in the European Union’s decision-making process.
12. In this context, the Assembly calls on the European Parliament
to:
12.1 give concrete follow-up
to a number of proposals which have been made in previous Assembly resolutions,
namely:
12.1.1 the organisation of regular meetings between
the respective presidents, secretaries general, chairpersons of
committees and between the Presidential Committee of the Parliamentary
Assembly and the Conference of Presidents of the European Parliament;
12.1.2 the organisation of joint meetings and events at the level
of committees and/or European Parliament delegations concerning
relations with non-member States of the European Union;
12.1.3 the mutual invitation of rapporteurs to provide input
to each other’s work;
12.2 strengthen dialogue and co-ordination with the Assembly
in areas which have emerged as prominent challenges for European
societies, such as:
12.2.1 reversing the backsliding of
democracy;
12.2.2 protecting the integrity of the electoral process;
12.2.3 countering disinformation and protecting freedom of expression;
12.2.4 preventing threats to the rule of law;
12.2.5 strengthening democratic governance and good administration
as a way of reinforcing the rule of law and enhancing citizens’
trust in public institutions;
12.2.6 strengthening the contribution of parliamentary diplomacy
to supporting rules-based multilateralism;
12.2.7 promoting the right to a healthy environment;
12.2.8 addressing the socio-economic consequences of Covid-19;
12.2.9 promoting peace and security in Europe;
12.3 consider organising a joint debate on the European multilateral
architecture and democratic security, and the respective roles of
the Parliamentary Assembly and the European Parliament.
