Provisional
edition
The future of the Council of Europe in the light of its
60 years of experience
Resolution 1689 (2009)1
1. Sixty
years ago, the founding states gave the Council of Europe the
task of achieving a greater unity between its members for the
purpose of safeguarding and realising the ideals and
principles of personal freedom, political freedom and the rule
of law, which are their common heritage and on which all true
democracy is founded.
2. In
present-day Europe, democracy, human rights and the rule of
law form an integral part of European citizens’ everyday
lives. Our Organisation’s contribution to ensuring that this
is so has been decisive. The Council of Europe remains the
main guarantor of the preservation of those values. It is to
the Council of Europe, in particular to the European Court of
Human Rights, that Europeans turn as a last resort when they
consider that their rights have been violated.
3. If the
Council of Europe is to remain the key institution for the
effective promotion and protection of fundamental principles
and values for the benefit of all Europeans, its relevance,
its functioning and its efficiency must be constantly
improved. A critical and frank analysis not only of the
Organisation’s strategic goals, its strengths and its
potential, but also its deficiencies, weaknesses and
limitations, is essential for this.
4. In
sixty years, the global and European geopolitical situation
has undergone far-reaching changes. The end of the Cold War
and the collapse of the former communist regimes allowed the
peaceful reunification of Europe on the basis of the ideals
and principles championed by the Council of Europe. It was
only natural that our Organisation should have been the first
to admit the states of central and eastern Europe which had
undertaken to respect those values and to give them the
benefit of its experience.
5. Today,
with 47 member states, the Council of Europe is the
pan-European organisation with the widest membership. Its role
is threefold: a framework institution for defending and
promoting pluralist democracy, human rights and the rule of
law; a framework for standard-setting activities and a
European legal area; a think-tank and a wide and inclusive
forum for political dialogue and co-operation. The Council of
Europe’s acquis in this field is unique and represents
an essential contribution to the Europe of today. It must be
carefully preserved and strengthened.
6. In
sixty years, Europe’s institutional landscape has changed
profoundly. As a pioneer of European unity – which is its
statutory aim – the Council of Europe has specialised in the
defence of fundamental values and has shared its role in
European integration with other organisations. A growing
number of Council of Europe member states have decided to
engage in closer and more advanced co-operation in other
forums, especially the European Union.
7.
However, the political goal of European unity transcends the
boundaries of the European Union. In many fields, European
co-operation cannot be effective unless it encompasses the
continent as a whole.
8. The
Statute of the Council of Europe, its legal instruments, its
experience and its expertise make it an appropriate framework
for developing pan-European co-operation on an equal footing.
It is therefore vital for the future of the Council of Europe
that its role as a pan-European political organisation should
be re-affirmed and revitalised and that it should continue to
offer those European states which do not join the European
Union the opportunity to participate in the building of a
united Europe.
9. At the
same time, it is necessary to achieve increased
complementarity between the work of the Council of Europe and
that of the European Union and the Organization for Security
and Co-operation in Europe (OSCE) based on their respective
competences and fields of excellence, as well as on the
co-operation agreements (Memorandum of Understanding) signed
with those organisations. In this connection, the Assembly
considers that a more far-reaching partnership with the OSCE
would be desirable in view of that organisation’s competences
in the field of security.
10. One
of the Council of Europe’s comparative advantages is its
traditional function as a “think-tank”, its strength in
tackling the problems of society in the medium and long term
and working to develop standards and policies. Combined with
the Organisation’s role in monitoring the implementation of
standards and the honouring of commitments, this quality has
been a guarantee of the Council of Europe’s relevance for the
member states.
11. If
this is to continue to be the case, the Council of Europe must
remain firm in the defence of fundamental values while being
open to dialogue and ready to offer its assistance. It must
remain watchful of the changes in European society without
trying to avoid controversial issues. It must assess their
impact on key values and propose appropriate responses. It
must ensure that its work is effectively implemented and
followed up. Above all, it must strengthen its channels of
communication with the different levels of European
society.
12. The
unquestionable results achieved by the Council of Europe
should not conceal the fact that it has come up against some
problems and difficulties, nor preclude analysis thereof. In
this connection, the Assembly is concerned about certain
trends which might indicate a decline of commitment on the
part of the member states to the Council of Europe: the weak
level of participation of the Ministers for Foreign Affairs in
the ministerial sessions of the Committee of Ministers; the
lack of control over implementation of PACE resolutions and
recommendations; zero growth in real terms in the
Organisation’s ordinary budget; a reluctance among the member
states to sign and ratify the Council of Europe’s legal
instruments; and attempts to minimise or even question the
importance of the different independent monitoring mechanisms.
These trends must be reversed, so that the commitment of
states to the cause of the Council of Europe is confirmed in
tangible acts.
13. The
Assembly is also concerned about a dangerous trend in the
activities of the Council of Europe, including its own
activities, to favour an approach through the prism of
political expediency to issues which fall within the sphere of
fundamental principles and values, to the detriment of those
principles and values. This trend is particularly harmful to
the credibility of an Organisation which is supposed to embody
Europe’s democratic conscience.
14. The
Assembly believes that the regular holding of summits of heads
of state and government of the Council of Europe makes it
possible to give the necessary impetus to the Organisation and
maintain a high degree of responsibility on the part of states
as regards their commitments towards it.
15. In
the budgetary field, the Assembly refers to its
Opinion 272 (2009) on the budgets of the Council of Europe
for the financial year 2010. The member states’ declarations
in support of the Council of Europe must be translated into
real and increased support for its work in the form of
budgetary decisions that enable the Organisation to fully
discharge its statutory responsibilities.
16. The
Assembly also considers it necessary to draw attention to the
fact that, increasingly often, the European Union member
states support en bloc in the Committee of Ministers
positions worked out among themselves and presented by the
presidency of the Union. This situation in fact officialises a
new dividing line within the Council of Europe itself and is
harmful to its unity and its future.
17. The
Assembly is in favour of enhancing the role of the conferences
of specialised ministers of the Council of Europe and their
impact on the Organisation’s everyday activities. It believes
that consideration should be given to arrangements enabling
the different specialised ministries in the member states to
be involved in the choice of priorities for intergovernmental
activities and contribute to the funding of certain Council of
Europe activities.
18.
Furthermore, the Assembly considers that the Council of
Europe’s internal functioning, particularly as regards
relations between its statutory organs, should be brought more
fully into line with the democratic principles and values it
defends. It regrets, that up until now, the proposals it made
in Recommendation 1763 (2006) on the institutional
balance at the Council of Europe have received little
follow-up from the Committee of Ministers.
19. The
Assembly is convinced that the Council of Europe cannot
function properly unless there is genuine, substantive and
ongoing dialogue between its two statutory organs. The
channels of dialogue and consultation between the Assembly and
the Committee of Ministers must be revitalised. In this
context the Assembly welcomes the positive spirit prevailing
in the recent informal meetings between its Presidential
Committee and the Bureau of the Committee of Ministers.
20.
Regarding the Council of Europe’s future activities, in
addition to the points set out in the Declaration of the
Committee of Ministers on the occasion of the Organisation’s
60th anniversary (CM(2009)50 final), certain other
fields warrant particular attention, such as crisis
prevention, particularly in frozen conflict zones; analysis of
the causes, and prevention of, terrorism and political
extremism; urban violence; increased citizen participation in
political life and the impact of the economic crisis on
democracy and human rights.
21. The
Assembly considers that greater prominence should be given to
the Council of Europe’s various activities in the field of
democracy, and that on the basis of different mechanisms and
structures existing in this field, such as the annual Forum on
the Future of Democracy, the Assembly’s biennial debates on
the state of democracy in Europe, the Venice Commission, the
Summer University for Democracy and the Council of Europe’s
Schools of Political Studies network, a “Davos of Democracy”
should be established as an expert “think-tank” and discussion
forum which could become an internationally high-profile
centre of excellence and reference.
22.
Furthermore, given the effects of globalisation, the
extra-European dimension of all the issues addressed at the
Council of Europe should be taken into account. In this
respect, full use should be made of the North-South Centre,
which plays a crucial role in building bridges between the
Council of Europe and the rest of the world.
23.
Regarding the situation of the European Court of Human Rights,
the Assembly re-affirms its support for the Court’s unique
role and its firm position on the need for Protocol 14 to the
European Convention on Human Rights to come into force, and
hopes that, in the meantime, the rapid entry into force of
Protocol 14bis will permit a partial improvement in the
situation. It stresses the obligation for all member states to
comply fully with its judgments. In so doing, it refers to
its
Opinion 272 (2009) on the budgets of the Council of Europe
for the financial year 2010, and reiterates its position as
set out in paragraphs 6-16 of that opinion. It expects strong
initiatives to emerge from the conference on the functioning
of the Court scheduled for early 2010 so that a political
solution can be found to the current deadlock which
jeopardises the survival of the European justice system in the
field of human rights protection.
24. The
Assembly calls on all the member states to:
24.1.
play their role fully and shoulder their responsibilities as
individual, fully-fledged members of the Council of Europe,
regardless of their positions vis-à-vis other
organisations;
24.2.
demonstrate their commitment to the Council of Europe
through more active participation in its activities,
increased funding of those activities, greater support for
its legal instruments and stricter compliance with their
obligations;
24.3.
avoid issues falling within the sphere of fundamental
principles and values to be politicised, relativised or
exploited, to the detriment of those principles and values
and of compliance with them;
24.4.
not to regard criticisms that may be levelled at them in the
Council of Europe framework as action against them or as a
means of pressure, but rather as an approach aimed at
eliminating deficiencies and improving the functioning of
democracy and respect for human rights;
24.5.
ensure strict compliance with, and full and effective
implementation of, the Council of Europe’s legal instruments
and to guarantee the unhindered operation of the
Organisation’s independent monitoring mechanisms and full
implementation of their recommendations.
25. The
Assembly calls on European political leaders at all levels to
show political will in order to ensure unwavering support for
the Council of Europe in the performance of its statutory
functions.
26. The
Assembly is aware that its own activities and working methods
must constantly be subjected to objective critical analysis.
In particular, it is necessary to resist the temptation to
exploit and relativise, according to the political
opportunity, the problems which fall within the sphere of
fundamental principles and values, to their detriment, and to
show political courage in censuring behaviour that is
inconsistent with those principles and values. The individual
commitment of members of the Assembly to its cause and
participation in its activities are essential. The downward
trend in members’ participation in the activities of the
Assembly, which is actually reflection of political
disengagement, must absolutely be reversed.
27. The
Assembly expresses its firm intention to contribute even more,
through all its activities, to ensuring that the Council of
Europe remains a key element of the European institutional
architecture, a reference institution in its basic spheres of
competence, and a driving force for multidimensional
pan-European co-operation in other areas of its
activities.
28. With
regard to its own activities, the Assembly resolves to:
28.1.
urge its members to make full use of their national
legislative mandates to promote the Council of Europe’s
values, give full support to its activities, including as
regards its budget, and to make known its own work;
28.2.
step up its activities with regard to developing the legal
basis of democracy;
28.3.
study, in the positive spirit of the recent informal
meetings between the Presidential Committee of the Assembly
and the Bureau of the Committee of Ministers, ways of
boosting dialogue and revitalising the channels of
consultation with the Committee of Ministers and improving
co-operation between the different Council of Europe bodies
on crucial issues relating to democracy, human rights and
the rule of law;
28.4.
consider establishing machinery for co-operation with the
Committee of Ministers and, if appropriate, other Council of
Europe bodies in order to ensure a more complete execution
of Parliamentary Assembly resolutions and recommendations,
as well as a co-ordinated response in the field of crisis
prevention and conflict resolution;
28.5.
invite various specialised ministers in the member states
more often to participate in its debates;
28.6.
strengthen its co-operation and seek to develop true
partnerships with the national parliaments of the member
states;
28.7.
consider, in co-operation with the national delegations
concerned, ways of establishing prior dialogue with the
representatives of the states due to hold the chairmanship
of the Committee of Ministers, in order to contribute to
drawing up the programmes and defining the priorities of
future chairmanships;
28.8.
examine the desirability of appointing as ex officio
members of its Bureau the chairs of the parliamentary
delegations of the Troika countries (outgoing, current and
next chairs of the Committee of Ministers) in order to
increase parliamentary influence on the Chairmanships of the
Committee of Ministers and ensure greater continuity of the
Assembly’s work;
28.9.
ensure greater relevance of its activities and more rigorous
selection of the issues to be dealt with, so as not to allow
itself to be instrumentalised by the national or party
interests;
28.10. envisage ways of increasing
activities aimed at specific social groups and, in
particular, examine the possibility of organising regular
meetings of a European youth assembly in Strasbourg;
28.11. examine the desirability of going
back to a three-year term of office for its President and
its committee chairs in order to ensure greater continuity
in its work and to report back to the Parliamentary Assembly
on this matter. Any changes made should come into effect
after the election of a new president of the Parliamentary
Assembly of the Council of Europe in January 2010;
28.12. intensify the co-operation with the
European Parliament on the basis of the agreement on the
strengthening of co-operation between the two
institutions;
28.13. strengthen its relations with
external partners and, in particular, promote closer links
with the parliaments of Europe’s neighbouring countries
under the status of “partner for democracy”.
1 Assembly debate on 1 October
2009 (34th Sitting) (see Doc.
12017, report of the Political Affairs Committee,
rapporteur: Mr Mignon). Text adopted by the Assembly on
1 October 2009 (34th Sitting).
See also
Recommendation 1886 (2009). |