Council of Europe

What is the Council of Europe NOT

The EU!!

• Different organisation to the EU

• Not an EU organ

When was it founded & by how many states & how many member states now?

1949 by 10 states (European Federalist movement post WW2)

46 members

What were the objectives of CoE?

• Prevent another war in Europe

• Establish common value system

• Protect human rights

• Early warning mechanism

According to Article 3 of the Statute, what must all members of the Council do?

• Accept the principles of the rule of law & of the enjoyment by all persons within its jurisdiction of human rights & fundamental freedoms

What did the CoE draft?

European Convention on Human Rights (1953)

Name the 2 organs only the CoE has

1. Parliamentary Assembly

2. Commissioner for Human Rights

What does the Parliamentary Assembly do?

Monitor the situation of human right and receive reports

What does the Commissioner of Human Rights do?

• Very outspoken character who criticises member states records in human rights

• Has the mandate to monitor the situation on the ground

What other organ is very influential in the CoE and why?

European Court of Human Rights

• Mechanisms for individuals to submit complaints against their states

• Any member can submit a complaint if they believe their human rights have been exploited

What has happened to the European Court of Human Rights since the mid-1980’s?

• Significant increase in membership & complaints to the European court if Human Rights

• Over 60,000 complaints a year

What are the rules for application of a complain?

• Individual must have used all available domestic remedies in all instances before applying 

• Must apply within 6 months after final domestic decision

List the main rights protected by the Court Charter

• right to life

• right to a fair hearing in civil & criminal matters

• freedom of expression 

• freedom of thought, conscience & religion

• to effective remedy

• to vote & stand for election

What happens in the case of a substantiated violation?

• ‘just satisfaction’ judgement"‘ = compensation

e.g. Russia paid 4 million to Ukraine (2008)

Name another success from the European Court of Human Rights

UK changed anti-terrorism laws after European Court of Human Rights trial

Name 4 dilemmas faced by the European Court of Human Rights

• caseload crisis

• membership (countries notorious for human rights violations)

• ack of enforcement (repeated applications)

• varying compliance (depending on domestic institution)

Who makes the supervision of implementation of the court decisions?

Council of Ministers of European Council