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DG I Activities  

Directorate General of Legal Affairs (DG I)

Presentation of our activities

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See also general documentation “Building Europe together on the Rule of Law” (brochure, leaflet, CD-ROM)
See also the results of the activities carried out by our Directorate General
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General introduction

 

The Council of Europe’s work in the legal field is making a substantial contribution to the development of a European legal area, harmonising and modernising the legal systems of its member States, on the basis of common standards drawn up within the Organisation. Its overall aim is to encourage the creation and development of democratic institutions and procedures at national, regional and local level, and to promote respect for the principle of the rule of law.

 

Legal co-operation

 

To promote law as an instrument of democracy, human rights and the rule of law, to improve the efficiency of justice for citizens, to find common solutions to the new legal and ethical problems which scientific and technological progress poses to modern societies.

 

Improving the functioning of justice

One of our main areas of activity is the promotion of an efficient and independent judicial system, as reflected in numerous and specific instruments. For example, work is ongoing on the development of the independence and impartiality of judges (the Consultative Council of European Judges plays an essential role in that respect) and on practical measures for improving the quality and the efficiency of judicial organisation and measures, in particular through the work of the European Commission on Efficiency of Justice (CEPEJ). It is responsible for evaluating the functioning of judicial systems in Member States. The European Day of Civil Justice (on 25 October every year), launched jointly by the Council of Europe and the European Commission, aims at improving public understanding of the functioning of justice and the role of the professionals in the legal field.

Training of legal professions

To ensure that justice effectively guarantees the respect for the rule of the law, the Council of Europe takes part in the training of all legal professions: judges, prosecutors, lawyers, bailiffs, court registrars, notaries and also police personnel and prison staff. The Organisation works for the development of training structures, such as Schools for Judges (in particular through the work of Lisbon Network) and Police Academies.

The Council of Europe promotes direct contact between members of a profession and lays down guidelines for the organisation of each profession. Meetings and conferences regularly take place to gather individuals working in the different professions of the judicial system, for example, Presidents of European Supreme Courts, Judges, Prosecutors General of Europe or representatives of the bars.

Fight against terrorism

The Council of Europe contributes to the efforts of the international community to fight terrorism, in particular by the adoption of new legal instruments, based on the fundamental premise that it is possible and necessary to fight terrorism while respecting human rights, fundamental freedoms and the rule of law. The Committee of Experts on Terrorism (CODEXTER) pursues the coordination of activities in this field as well as the identification of lacunae which could be the subject of future action by the Council of Europe and actions in favour of support and compensation of victims of terrorist acts.

Combating corruption, organised crime and money laundering

The action of the Council of Europe against corruption, organised crime and money laundering follows a multidisciplinary approach and is based on three pillars which are inter-related : setting European standards (Criminal Law Convention on Corruption and its Protocol, Civil Law Convention on Corruption, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the financing of terrorism, and a series of recommendations and resolutions), monitoring compliance with these standards (GRECO for corruption, MONEYVAL for money laundering), and strengthening capacities against these criminal phenomena, through technical cooperation programmes.

Trafficking in human beings

The Convention on Action against trafficking in human beings, opened for signature at the 3rd Summit of Heads of State and Government of the Council of Europe, focuses on the protection of victims of trafficking and the safeguard of their rights and aims at preventing trafficking as well as prosecuting traffickers. It applies to all forms of trafficking; whether national or transnational, whether or not related to organised crime. It applies whoever the victim: women, men or children and whatever the form of exploitation: sexual exploitation, forced labour or services, etc. The Convention provides for the setting up of an independent monitoring mechanism.

Protection of cyberspace

The Council of Europe’s Convention on Cybercrime, which entered into force on 1 July 2004, is the first international treaty which criminalises offences committed via computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. The Additional Protocol to the Convention criminalises acts of a racist and xenophobic nature committed through computer systems.

Protection of children

Our Organisation is particularly involved in the protection of children. An Action Plan against sexual exploitation of children and a Recommendation on this matter were adopted at European level in November 2001.

In the civil field, the protection offered to children has been strengthened by drawing up norms relating to the exercise of children's rights to regular contacts between children and parents, to adoption, to custody, to transfrontier access or to the establishment of parentage.

Bioethics, xenotransplantation, biotechnology and food security

The protection of human beings assumes its full meaning in the field of biomedical research. The Council of Europe was the first to draw up a Convention on Human Rights and Biomedicine, which has been further supplemented by protocols to cover fast scientific breakthroughs. These protocols deal with the prohibition of Cloning Human Beings, organ transplantation and biomedical research. Other protocols regarding the status of embryos and human foetuses, and human genetics, are under discussion.

Furthermore, due to concerns about the use of animals by humans, the Council of Europe has adopted Conventions relating to the protection of animals, particularly during international transport or for breeding.

Psychiatry and Human Rights

The Council of Europe places particular importance on the legal protection of persons suffering from mental disorders who are placed in psychiatric institutions against their will (in particular through specific recommendations).

Legislative reforms

The Council of Europe cooperates with its member States to ensure the conformity of their domestic legislation with European norms. This legislative assistance (expert appraisals of legal texts) addresses all legal fields, from the main codes in civil, criminal and administrative law to specific laws such as those regarding bioethics or data protection.

Our Organisation also aims at developing efficient legislative procedures and modern techniques for law drafting in its member States, in order to make legal systems more coherent and legal norms easier to understand by the public.

Constitutions and constitutional issues

A state’s constitution is its highest legal text, establishing and organising its institutional system; it is the cornerstone of a state based on the rule of law. The Council of Europe, through the European Commission for Democracy through Law (Venice Commission), plays an active part in the constitutional debate in Europe and contributes to finding institutional solutions for the resolution of conflicts. The Commission is a forum where countries can share information, learn from one another, and discuss ideas and projects relating to constitutional issues.

Foreigners and citizens

The European Convention on Nationality is the only international legal instrument in this field. It aims to limit as far as possible cases of statelessness, to find appropriate solutions to related legal difficulties.

Crime prevention

The Council of Europe is drawing up guidelines in the fields of crime prevention and prevention of juvenile delinquency. The Organisation examines the efficiency of each national prevention policy and then states the main principles which States are encouraged to observe in order to improve the effectiveness of such a policy.

Operation of Conventions in the criminal field

Several key legal instruments have been adopted, such as the Convention on Extradition, the Convention on Mutual Assistance in Criminal Matters and the Convention on the Transfer of Sentenced Persons. These international treaties are systematically monitored in order to fine tune the texts to reflect current events. The Council of Europe actively encouraged the implementation of the Statute of the International Criminal Court.

Police and internal security services

Our Organisation places particular importance on police organisation and ethics. A European Code of Police Ethics was adopted in 2001, to support reform in member States. Its application was followed up by a Specific Consultative Committee. The Code of Ethics is the basis for Council of Europe’s cooperation with its member States.

Prison system

The Council of Europe provides guidelines for member States in terms of improving the conditions of imprisonment of inmates. Release on parole, management of long-term prisoners and the remand of individuals in custody are currently the main areas of concern. The development of alternatives to imprisonment is also being examined. Moreover, experts participating in Prison Programme Management meetings are providing assistance to member States, in particular to Southeastern European States, and to the Community of Independent States, in the reform of their prison systems.

Public international law

In a political climate which encourages interdependence between States, the Council of Europe aims at creating a framework for international cooperation to strengthen the role of public international law and influence developments in this field, and through contacts among legal advisers, to encourage an exchange of knowledge and experience.

Administrative courts and the functioning of public administration

We devote particular attention to the development of relations between the Public Authorities and citizens. Our work aims in particular at ensuring that public authorities respect rules, notably by setting up a monitoring mechanism encouraging an efficient control of administrative acts including those by judges.

Civil society

The Council of Europe is the author of the only international legal text related to the statute of civil society: the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations. In 2003, the Council of Europe published the Fundamental Principles on the legal status of NGOs which should be taken into account in their national legislation by States wishing to provide a firm legal basis to NGOs.

Data protection

All of data provided by individuals, be it personal or medical data, which is collected and processed for statistical or insurance purposes, police and judicial data, or even data collected through video surveillance or through the reading of smart cards, should receive specific treatment because of the principle of respect for an individuals' private life. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, complemented by a Protocol on Supervisory Authorities and Transfrontier Data Flows and also by several specific recommendations, aim to guarantee the confidentiality of the information given.

 

Local and regional democracy

 

To promote local and regional self-government, to pool experience and develop policy on local and regional authorities’ administrative and legal structures and finances, to promote transfrontier co-operation between local and regional authorities, to highlight the cultural and linguistic diversity of Europe’s regions.

 

The Council of Europe aims at protecting and strengthening local and regional democracy, and encourages devolution of powers to and citizen participation in local and regional government. The European Charter of Local Self-Government was drawn up with these aims in mind. Thus the Council of Europe's work covers all questions relating to the legal framework, structures, duties, resources and functioning of local and regional authorities.

The co-operation programme devotes particular attention to legislative assistance, the division of competencies between the various levels of government, and relations between those levels; legislative and technical assistance on the planning of local and regional finance systems and the management of municipal public services; training for local and regional government staff and elected representatives; setting up and running associations of local and regional authorities.

Strengthening Transfrontier co-operation

Border regions have become increasingly outward-looking and this has opened up new opportunities for transfrontier partnerships (for example, the setting up of the Euroregions). The legal basis for transfrontier co-operation is provided by the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities. The Council of Europe’s policy has two aims: to build trust and good-neighbourly relations and to remove any obstacles (especially legal obstacles) to co-operation between local or regional authorities.

Regional or Minority Languages

Regional and minority languages are an integral part of Europe’s cultural heritage, and must be protected and promoted. Since 1992, European States have been able to confirm their commitment to the protection of this heritage by signing a Council of Europe instrument: the European Charter for Regional or Minority Languages.

 
 
 

Treaties

The Committee of Ministers “shall consider the action required to further the aim of the Council of Europe, including the conclusion of conventions and agreements”. The texts of conventions and agreements become final when adopted by the Committee of Ministers, which also decides when to open them for signature. They are binding on States which ratify them. Almost 200 treaties have been adopted to date.

 

Recommendations

The Committee of Ministers may make recommendations to member States on matters for which it has agreed “a common policy”. Recommendations are not binding on member States, although the Statute empowers the Committee of Ministers to ask member governments “to inform it of the action taken by them” on recommendations.