The Council of Europe and the European Union: different roles, shared values

 


The Council of Europe and the European Union share the same fundamental values – human rights, democracy and the rule of law – but are separate entities which perform different, yet complementary, roles.

Focusing on those core values, the Council of Europe brings together governments from across Europe – and beyond – to agree minimum legal standards in a wide range of areas. It then monitors how well countries apply the standards that they have chosen to sign up to. It also provides technical assistance, often working together with the European Union, to help them do so.

The European Union refers to those same European values as a key element of its deeper political and economic integration processes. It often builds upon Council of Europe standards when drawing up legal instruments and agreements which apply to its 27 member states. Furthermore, the European Union regularly refers to Council of Europe standards and monitoring work in its dealings with neighbouring countries, many of which are Council of Europe member states.

The Lisbon Treaty increased the scope for European Union action in many areas where the Council of Europe already has significant experience and expertise. This has led to increased cooperation on issues such as fighting human trafficking, the sexual exploitation of children and violence against women. It has also opened the way for the European Union itself to sign up to the European Convention on Human Rights, and to other Council of Europe agreements.

Relations between the Council of Europe and the European Union are set out in the:

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Back European Commission and Council of Europe kick off joint talks on EU's accession to the Convention on Human Rights

Official talks started today on the European Union's accession to the European Convention of Human Rights (ECHR). Thorbjørn Jagland, the Secretary General of the Council of Europe, and Viviane Reding, Vice-President of the European Commission, marked the beginning of this joint process at a meeting in Strasbourg. They discussed how to move the process forward so that citizens can swiftly benefit from stronger and more coherent fundamental rights protection in Europe.

"Today is a truly historic moment. We are now putting in place the missing link in Europe's system of fundamental rights protection, guaranteeing coherence between the approaches of the Council of Europe and the European Union," said Vice-President Viviane Reding, the EU's Commissioner for Justice, Fundamental Rights and Citizenship. "The EU has an important role to play in further strengthening the Convention's system of fundamental rights. We already have our own Charter of Fundamental Rights, which represents the most modern codification of fundamental rights in the world. This is a very good precondition for a successful meeting of the minds between the negotiation partners."

"The European Convention on Human Rights is the essential reference for human rights protection for all of Europe. By accepting to submit the work of its institutions to the same human rights rules and the same scrutiny which apply to all European democracies, the European Union is sending a very powerful message – that Europe is changing – and that the most influential and the most powerful are ready to accept their part of responsibility for that change and in that change," said Thorbjørn Jagland, Secretary General of the Council of Europe.

The EU's accession to the ECHR will place the EU on the same footing as its Member States with regard to the system of fundamental rights protection supervised by the European Court of Human Rights in Strasbourg. It will allow for the EU's voice to be heard when cases come before the Strasbourg Court. With accession, the EU would become the 48th signatory of the ECHR. The EU would have its own judge at the European Court of Human Rights in Strasbourg.

Accession will also provide a new possibility of remedies for individuals. They will be able to bring complaints – after they have exhausted domestic remedies – about the alleged violation of fundamental rights by the EU before the European Court of Human Rights. 

Background

The EU's accession to the ECHR is required under Article 6 of the Lisbon Treaty and foreseen by Article 59 of the ECHR as amended by the Protocol 14.

On 17 March, the Commission proposed negotiation Directives for the EU's accession to the ECHR (IP/10/291). On 4 June, EU Justice Ministers gave the Commission the mandate to conduct the negotiations on their behalf. On 26 May, the Committee of Ministers of the Council of Europe gave an ad-hoc mandate to its Steering Committee for Human Rights to elaborate with the EU the necessary legal instrument for the EU's accession to the ECHR.

Next steps

As of today, negotiators from the Commission and experts from the Council of Europe's Steering Committee for Human Rights will meet regularly to work on the accession agreement. At the end of the process, the agreement on accession will be concluded between the 47 current contracting parties of the ECHR and the EU (acting by unanimous decision of the Council of the EU, the European Parliament, which has to be fully informed of all stages of the negotiations, must also give its consent). The conclusion decision needs ratification by the EU Member States. The accession agreement will also have to be ratified by all 47 contracting parties to the ECHR in accordance with their respective constitutional requirements, including by those who are also EU Member States. Both sides are committed to a smooth and swift conclusion of the talks, allowing the accession to take place as early as possible.

For more information

Council of Europe Strasbourg 07/07/2010
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Budget contribution

The Annual Receipts on EU contributions under Joint Programmes between the Council of Europe and the European Union in 2019, amounted to €206.1 million. Co-funded by EU at 85%, by CoE at 15%

29 new Joint Programmes negotiated in 2019 for a total of €111.7 million.

Multimedia

Global Action on Cybercrime (GLACY), video report on a joint project between the Council of Europe and the European Union