Council of Europe
Origins and mission
Founded in 1949, the Council of Europe seeks to develop throughout Europe common and democratic principles based on the European Convention on Human Rights and other reference texts on the protection of individuals.
Member States
The Council of Europe has a genuine pan-European dimension:
• 47 Member States: Belgium, Ireland, Netherlands, Denmark, France Italy, Luxembourg, Sweden, United Kingdom, Norway, Greece, Turkey, Iceland, Germany, Austria, Cyprus, Switzerland, Malta, Portugal, Spain, Liechtenstein, San Marino, Finland Hungary, Poland, Bulgaria, Estonia, Lithuania, Slovenia, Czech Republic, Slovakia, Romania, Andorra, Latvia, Albania, Moldova, FYR Macedonia, Ukraine, Russia, Croatia, Georgia, Armenia, Azerbaijan, Bosnia and Herzegovina, Serbia, Monaco, Montenegro.
• Five Observer States: the Holy See, the United States, Canada, Japan, Mexico.
Aims
- To protect human rights, pluralist democracy and the rule of law;
- To promote awareness and encourage the development of Europe's cultural identity and diversity;
- To find common solutions to the challenges facing European society: such as discrimination against minorities, xenophobia, intolerance, bioethics and cloning, terrorism, trafficking in human beings, organised crime and corruption, cybercrime, violence against children;
- To consolidate democratic stability in Europe by backing political, legislative and constitutional reform.
The current Council of Europe's political mandate was defined by the third Summit of Heads of State and Government, held in Warsaw in May 2005.
How it works
The main bodies of the Council of Europe are:
- the Committee of Ministers, the Organisation's decision-making body, composed of the 47 Foreign Ministers or their Strasbourg-based deputies (ambassadors/permanent representatives);
- the Parliamentary Assembly, driving force for European co-operation, grouping 636 members (318 representatives and 318 substitutes) from the 47 national parliaments;
- the Congress of Local and Regional Authorities, the voice of Europe's regions and municipalities, composed of a Chamber of Local Authorities and a Chamber of Regions;
- the Secretariat recruited(about 1800 staff members) from member states, headed by a Secretary General, elected by the Parliamentary Assembly.
EUROPEAN COURT OF HUMAN RIGHTS
The European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms was drawn up within the Council of Europe. It was opened for signature in Rome on 4 November 1950 and entered into force in September 1953. Taking as their starting point the 1948 Universal Declaration of Human Rights, the framers of the Convention sought to pursue the aims of the Council of Europe through the maintenance and further realisation of human rights and fundamental freedoms. The Convention was to represent the first steps for the collective enforcement of certain of the rights set out in the Universal Declaration.
In addition to laying down a catalogue of civil and political rights and freedoms, the Convention set up a mechanism for the enforcement of the obligations entered into by Contracting States. Three institutions were entrusted with this responsibility: the European Commission of Human Rights (set up in 1954), the European Court of Human Rights (set up in 1959) and the Committee of Ministers of the Council of Europe, the latter organ being composed of the Ministers of Foreign Affairs of the member States or their representatives.
Subsequent developments
Since the Convention's entry into force fourteen Protocols have been adopted. Protocols Nos. 1, 4, 6, 7, 12 and 13 added further rights and liberties to those guaranteed by the Convention, while Protocol No. 2 conferred on the Court the power to give advisory opinions. Protocol No. 9 enabled individual applicants to bring their cases before the Court subject to ratification by the respondent State and acceptance by a screening panel. Protocol No. 11 restructured the enforcement machinery (see below). The remaining Protocols concerned the organisation of and procedure before the Convention institutions.
The increasing case-load prompted a lengthy debate on the necessity for a reform of the Convention supervisory machinery, resulting in the adoption of Protocol No. 11 to the Convention. The aim was to simplify the structure with a view to shortening the length of proceedings while strengthening the judicial character of the system by making it fully compulsory and abolishing the Committee of Ministers' adjudicative role.
Protocol No. 11, which came into force on 1 November 1998, replaced the existing, part-time Court and Commission by a single, full-time Court.
NGOs Participation
From its inception, the Council of Europe established working relations with non-governmental organisations. The Council recognised their influence as early as 1952 when it opened the possibility for non-governmental organisations to acquire "consultative status".
Resolution (2003)8 adopted by the Committee of Ministers on 19 November 2003, replaces "consultative status" with "participatory status".
When NGOs are granted this status, the steering committees, committees of governmental experts and other bodies of the Committee of Ministers, may involve the NGOs enjoying participatory status in the definition of Council of Europe policies, programmes and actions in particular by granting observer status to the Liaison Committee and to the NGO thematic groupings.
The committees of the Parliamentary Assembly and of the Congress of Local and Regional Authorities of the Council of Europe are invited to study ways of intensifying co-operation with and facilitating INGO participation in their work, for example by granting observer status or by inviting the Liaison Committee or INGO thematic groupings to provide their expertise.
The Commissioner for Human Rights is also encouraged to maintain close co-operation with the NGOs enjoying participatory status.
Additionally, considering their role as advisers in questions concerning civil society, the Secretary General may consult the NGOs, the Liaison Committee or the NGO thematic groupings, in writing or by means of a hearing, on questions of mutual interest.
In practice, this means that these NGOs:
• may address memoranda to the Secretary General for submission to the committees mentioned above, as well as to the Commissioner for Human Rights;
• may be invited to provide, through their specific activity or experience, expert advice on Council of Europe policies, programmes and actions;
• shall receive the agenda and public documents of the Parliamentary Assembly in order to facilitate their attendance at public sittings of the Parliamentary Assembly;
• shall be invited to public sittings of the Congress of Local and Regional Authorities of Europe;
e. shall be invited to activities organised for them by the Secretariat;
• shall be invited to attend seminars, conferences, colloquies of interest to their work according to the applicable Council of Europe rules.
For their part, the organisations enjoying participatory status undertake to:
• keep themselves regularly informed of Council of Europe activities and developments in standards by means of the numerous sources of information available, including the Internet;
• furnish, either spontaneously or at the request of the Council of Europe's different bodies, information, documents or opinions relating to their own field(s) of competence on matters which are under consideration or which could be addressed by the Council of Europe;
• work to promote the respect of the Council of Europe's standards, conventions and legal instruments in the member states, and assist in the implementation of these standards, and this in close contact with local, regional and national NGOs;
• give maximum publicity to the initiatives and achievements of the Council of Europe in their own field(s) of competence;
• disseminate information on Council of Europe standards, instruments and activities, as well as information from the INGO thematic groupings, to their members, on a regular basis, and ensure that they too work actively to fulfil the requirements of the participatory status;
• submit every four years a report to the Secretary General which should specify:
- their participation in the work of the various Council of Europe bodies (see paragraphs 4 and 6 of this appendix), the capacity in which they attended and their contribution;
- their attendance at events organised by the Secretariat General, the capacity in which they attended, the contribution they made and any follow-up action;
- their attendance at and contributions to the meetings of the INGO thematic groupings;
- any meetings which they themselves have organised, in particular those which have dealt with the promotion of the Council of Europe's aims, standards and legal instruments;
- any action they have undertaken with a view to ensuring respect of Council of Europe standards and to publicising its work.