Council of Europe
The Council of Europe (abbr: CoE; in French: Conseil de l'Europe and in English: Council of Europe) is an international organization of regional scope aimed at promoting, through the cooperation of the States of Europe, the configuration of a common political and legal space on the continent, based on the values of democracy, human rights and the rule of law.
Constituted by the London Treaty on May 5, 1949, the Council of Europe is the oldest of the organizations that pursue the ideals of European integration, and it is also the only one that integrates all the States within it. Europeans, with the exception of Belarus, Kazakhstan, Vatican City and Russia; excluded because their political regimes are incompatible with the principles that support membership in the Council. Thus, the Council of Europe consists of 46 member countries, all of Europe understood in its broadest geographical conception. None of the European states partially recognized under the United Nations (Abkhazia, Artsakh, Northern Cyprus, Kosovo, South Ossetia and Transnistria) is currently a member of the Council of Europe. The Holy See and five non-European states have observer status: Canada, the United States, Israel, Japan and Mexico. Their plurality, however, has not prevented the increasingly notorious emergence of the European Union as a forum most relevant political and legal aspect of the European integration process.
The legal regime of the CoE is governed in accordance with its Statute, approved by the founding Treaty of London, in 1949. In order to achieve its objectives and adequately deploy its powers, the CoE consists of various internal bodies, among which which are a Parliamentary Assembly, a Committee of Ministers and a General Secretariat, whose functions are exercised in a coordinated manner integrated within an institutional mechanism of its own, through which the will of the organization is formed, articulated and applied. In addition, the CoE has been endowing itself with various other autonomous institutional instruments, which have been assuming the exercise of the new functions and powers with which the CoE has been endowed; The most relevant of these international organizations linked to the organization, due to the political and legal significance of its work, is undoubtedly the European Court of Human Rights.
The Council of Europe is based in the French city of Strasbourg. Two official languages coexist in the organization: English and French, without prejudice to the current use of three other complementary languages: German, Italian and Russian. Spain and Greece, for their part, pay for the use of their respective languages, which are thus effectively equated to the three complementary languages.
History
The Hague Congress
At the end of the Second World War in which Europe was deeply ruined, the idea arose that a similar tragedy should not be repeated. This was expressed by Winston Churchill in a speech on September 19, 1946 held in Zurich (Switzerland) with these words:
It takes a miraculous remedy that completely transforms the situation and, in a few years, creates a free and happy Europe, following the model of Switzerland... We must build a United States of Europe.
Meanwhile, the United States established the Marshall Plan in 1947 with the aim of recovering the European economy and maintaining its influence.
At that time, numerous movements of diverse ideologies arose that tended towards European unity. These organizations will come together to form the International Committee for the coordination of movements for European unity that organized the Congress of The Hague, on May 7, 1948, later called the Congress of Europe. More than a thousand delegates from some twenty countries gathered, as well as numerous observers. A series of resolutions were adopted for "the creation of an economic and political union in order to guarantee security, economic independence and social progress, the convening of a consultative assembly elected by the parliaments, the elaboration of a European charter of human rights and a court to apply its decisions...". However, from the beginning, the first conflicts also arose between the supporters of a European federation, such as France, Belgium and Italy, and the defenders of traditional intergovernmental cooperation, such as the United Kingdom, Ireland and the Scandinavian countries.
The growing tension between East and West, separated by the so-called Iron Curtain, and marked by the coup in Prague and the blockade of Berlin precipitated the real association between Western states. Two months after the Congress of Europe, Georges Bidault, French Minister of Foreign Affairs, invites his partners in the Brussels Treaty establishing the Western Union (United Kingdom, Benelux) and all those who wish to do so, to follow the proposals of The Hague. Robert Schuman, who succeeds him days later, maintains this invitation.
France, with the support of Belgium represented by its Prime Minister Paul Henri Spaak, wants the creation of a European assembly endowed with extended competence, made up of parliamentarians from the different States and whose decisions are adopted by majority vote. Something that was rejected by the United Kingdom, which considered that this assembly should only have an advisory function. Negotiations continued, however, and finally, on January 27 and 28, 1949, the five foreign ministers of the Brussels Treaty countries, meeting in London, reached a compromise: "a Council of Europe composed of a ministerial committee which would meet in private and a consultative body whose meetings would be public. In the agreement, the assembly was constituted with a consultative nature and the power of decision was attributed to a Committee of Ministers. The members of the assembly were to be independent of their governments and should have complete freedom of vote (proposed by the Federalists). This decision was reviewed at the proposal of the United Kingdom, since it requested that their governments designate them. For this reason, from 1951, parliaments will be in charge of appointing these representatives.
The treaty constituting the Statutes of the Council of Europe was signed on May 5, 1949, in Saint James's Palace, in London, signed by ten states: Belgium, France, Luxembourg, The Netherlands and the United Kingdom, joined by Ireland, Italy, Denmark, Norway and Sweden. Its fundamental objective was expressed in chapter I:
The purpose of the Council of Europe is to achieve a closer union between its members to safeguard and promote the ideals and principles that constitute their common heritage and to promote their economic and social progress.
The objectives would be achieved through economic, social, cultural, scientific, legal and administrative agreements and the greater effectiveness of human rights and fundamental freedoms:
... the consideration of matters of common interest, the conclusion of agreements and the adoption of joint action in the economic, social, cultural, scientific, legal and administrative fields, as well as the safeguarding and enhancement of human rights and fundamental freedoms.
(EST:7.8.9.5.3)
First Steps
From then on its first sessions are held in Strasbourg, which becomes its permanent headquarters. The first major agreement is drafted: the European Convention on Human Rights, signed in Rome on November 4, 1950 and in force since September 3, 1953.
The need to create independent institutions, endowed with their own powers, was soon seen to deal with urgent issues that arose on the political and economic level. Shortly after the accession of the Federal Republic of Germany, Robert Schuman proposed to all the countries of the Council of Europe the creation of a European Coal and Steel Community which, made up of the States most in favor of integration, was launched outside the Council of Europe. The CECA would be the first germ of the current European Union.
Between 1949 and 1970, eight new countries, Greece, Iceland, Turkey, Germany, Austria, Cyprus, Switzerland and Malta (in this order), joined the Council of Europe. The main institutions and their structure develop in these years. The European ministers responsible for social affairs met in 1959 in Rome, this being the first specialized ministerial conference and later leading to the signing of the European Social Charter on October 18, 1961. On the other hand, in 1960 the first public hearing of the European Court of Human Rights.
In 1961, the Council for Cultural Cooperation was formed, in which countries not members of the Council of Europe participated from its inception, such as Finland, which would join the Council of Europe 28 years later. In 1964 the European Pharmacopoeia was created; and in 1967, the European Youth Center.
Democratic positioning
In 1967, the colonels' coup d'état overthrew the elected government and established an authoritarian regime in Greece, something that openly infringed the democratic principles defended by the organization. On December 12, 1969, the colonels' regime withdrew from the Council of Europe, anticipating their expulsion by a few hours. Greece did not re-enter until five years later, on November 28, 1974, after the fall of the dictatorship and the restoration of democracy.
In the summer of 1974, Cyprus was partitioned after Turkish military intervention. Quiet efforts were made by the Council of Europe, along with those of the United Nations Secretary General, without achieving any success.
Another crisis occurred after the coup in Turkey in 1980, and a few months later the Parliamentary Assembly expelled the Turkish parliamentary delegation. The Turkish delegation did not regain its seats until 1984, after free elections were held.
The reintegration of Greece marked the demise of the last authoritarian regimes in Western Europe. Portugal had joined the organization in 1976, two years after the "Carnation Revolution," ending 48 years of Salazar dictatorship; while neighboring Spain managed to join the Council of Europe on November 24, 1977, two years after the death of the dictator Francisco Franco, with José Luis Messia being an observer ambassador to the European institutions, despite the country not having a constitution in vigor.
The accession of Western countries was completed in 1994 with that of Andorra. Previously, it had been Finland in 1989, Liechtenstein in 1978 and San Marino in 1988. From then on, the bases were established for rapprochement with the countries of Central and Eastern Europe.
Starting in 1985, movements began to introduce democracy in Central and Eastern Europe. In January 1985, Hans-Dietrich Genscher, Chairman of the Committee of Ministers, invited his colleagues to participate in an extraordinary session, entirely devoted to examining East-West relations. The political evolution in several countries of the Soviet orbit and in the USSR itself when Mikhail Gorbachev came to power, led to a resolution in April 1985 embodied in the idea of a common European cultural identity. The Council of Europe through the Conference on Security and Cooperation in Europe expressed the advantage of consolidating cultural cooperation as a means to promote lasting understanding between peoples and States.
The changes were significant when Mikhail Gorbachev went to the Council of Europe on July 6, 1989 to launch a new disarmament proposal (unilateral reduction of short-range nuclear missiles), promote the idea of a common European home (rejection of use of force, renounce the Brezhnev doctrine, maintenance of socialism...) and discuss human rights.
In May 1989, the Parliamentary Assembly established, selectively for some of these states, the status of special invitee for the national assemblies of the countries that wished to apply the Final Act of Helsinki and the United Nations Pacts on the human rights. The first to obtain it were the assemblies of Hungary, Poland, the USSR and Yugoslavia.
Four months after Mikhail Gorbachev's speech, on November 9, 1989, the Berlin Wall fell. The Secretary General of the Council confirmed on 23rd November that the Council of Europe is the only organization capable of covering all the countries of Europe once they have adopted the rules of democracy.
Finally with Hungary on November 6, 1990, the accession of the Eastern states began, culminating with that of Russia on February 28, 1996.
In March 2022, during the Russian invasion of Ukraine, Russia applied to the General Secretary of the Council of Europe for its immediate withdrawal from the body, after being temporarily suspended in February of this year due to its military actions. With this, Russia went ahead of the extraordinary plenary session called by the organization to process his expulsion from the organization. After his suspension in February, former Russian President Dmitri Medvedev considered the decision as an "opportunity" to reimpose the death penalty, prohibited for the member states of the organization.
New challenges
Among the measures for these integrations, François Mitterrand proposed in 1992 meetings of the Heads of State and Government. The first summit is held in Vienna in October 1993, in which three priorities are identified:
- The reform of the functioning of the European Convention on Human Rights to improve its speed and effectiveness.
- Protection of national minorities.
- Combating intolerance.
With the incorporation of the Russian Federation, more than 800 million citizens are part of this project, which makes it more complex and unstable, with the appearance of new priorities such as the problems of emigration, corruption, obtaining the nationality, social exclusion, minorities...
The dual mechanism for the protection of human rights is replaced on November 1, 1998 by a single Court, which will operate in the Palace of Human Rights designed by the British architect Richard Rogers and inaugurated in June 1995.
Institutional framework
- General Secretariat. His secretary is elected every five years by the Parliamentary Assembly. In 2014 the Norwegian Thorbjørn Jagland was re-elected for a second term, after occupying the post between 2009 and 2014. In September 2019 he served as Marija Pejčinović Burić.
- Committee of Ministers. It comprises the 46 member states represented by their own foreign ministers or by their accredited ambassadors. The chairmanship of this committee alternates every six months and the alphabetical order of the state is followed.
- Parliamentary Assembly. It consists of 306 members and 306 alternate members elected by the parliaments of the member states. The number of representatives depends on demography (between 2 and 18). They meet each year (ordinary session) not exceeding one month. The president of this assembly is, since 2019, Rik Daems.
- Congress of Local and Regional Powers. Created in 1994. It represents the local and regional communities within the Council of Europe. It is divided into two chambers: one for local powers and one for the regions. They have 306 members and so many other alternate members representing over 200,000 regional and local communities in member states. They meet once a year in Strasbourg. The two cameras choose a president, who since 2014 is Jean-Claud Freçon.
- European Court of Human Rights. Created by the 1950 European Convention on Human Rights (the Rome Convention). Composed of a number of Judges equal to that of High Contracting Parties (currently 46), for a period of 9 years not eligible. The Court in full elects a president for a period of three re-electable years. The Italian Guido Raimondi has been in charge since 2012.
- Commissioner for Human Rights. He is elected by the Parliamentary Assembly for a non-renewable term of six years. It is responsible for promoting human rights education and awareness. It can send recommendations to member states and informs the Committee of Ministers and the Parliamentary Assembly. He has been present since January 24, 2018 Dunja Mijatović.
Members
The Member States, in order of entry, are:
Table notes; aInitial partner who left behind the coup d ' état of the colonels, returning on 28 November 1974. bInitial partner who was expelled after the coup, returning in 1984 |
The candidate States for accession, in alphabetical order, are:
The States expelled are:
Russia | 15 March 2022 |
Signed Treaties
Throughout its existence, the Council of Europe has promoted the ratification among its members of more than 210 international treaties relating to a wide range of subjects (human rights, fight against crime, tax collaboration...). On its website in English, French, German and Italian there is a list with access to all the signed treaties.
Details of some of the treaties:
- Statute of the Council of Europe (1949).
- European Convention on Human Rights (1950).
- European Social Charter (1961).
- European Charter for Minority or Regional Languages (1992).
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