Sixty Years Of The Council Of Europe

by afew
Tue Jun 23rd, 2009 at 08:33:33 AM EST

The need for European integration was strongly felt in the immediate postwar years, as a means towards peace (after nearly half a century of war) and maintenance of the rule of law and human rights (after a period of egregious disregard for these). In 1949, several years before the treaties of Paris and Rome founded the economic cooperation that would later grow into the European Union, an organisation was set up to further cooperation in the spheres of human rights, democracy, and the rule of law.

Treaty timeline (adapted from Wikipedia, hold left mouse button down to enlarge):

Ten states: Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom, signed the Treaty of London, very shortly followed by Greece and Turkey. Today 47 countries are members of the Council.


yellow and yellow hatching: 1949 members; blue: subsequent members

Now in its sixtieth anniversary year, the Council of Europe is the senior organism of European cooperation. The different treaty organisations that now form the European Union exist and pursue their activities in parallel with it. The term Council of Europe is not to be confused with the Council of the European Union or the European Council (though, if you think it was ill-advised to have all these names that are so similar, I'd agree: you can get it all straight thanks to DoDo's The Councils of Europe).


It's become possible to see references in the media to the Council of Europe as "a human rights watchdog", but it's a lot more than that, since it's an international treaty organisation. The statement of aims of the opening to the Treaty of London defines (albeit in vague and high-flown terms) a much more consequential remit:

ETS no. 001 - Statute of the Council of Europe

The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.

  • "Greater unity": the Council is charged with working towards greater European integration;
  • "safeguarding" a "common heritage" of "ideals and principles": this is a defensive job, closer to that of "watchdog";
  • "facilitating" "economic and social progress": an extremely broad and weighty aim.

In practice, economic aims have been taken over by the European Economic Community (the essential pillar of the European Union) and its partnership agreements with other European countries. The Council of Europe's contribution to economic progress is through its work on what could be called Europe's cultural (legal, political, ethical) infrastructure:

Council of Europe in Brief

Human Rights... Democracy... Rule of Law

These values are the foundations of a tolerant and civilised society and indispensable for European stability, economic growth and social cohesion. On the basis of these fundamental values, we try to find shared solutions to major problems such as terrorism, organised crime and corruption, cybercrime, bioethics and cloning, violence against children and women, and trafficking in human beings. Co-operation between all member states is the only way to solve the major problems facing society today.

In other words, the watchdog activity is meant to feed into action in the form of cooperation between the 47 member countries. Also, as a watchdog, the Council of Europe has teeth: one year after its founding, it promulgated the European Convention on Human Rights which set up the European Court of Human Rights, a supreme court whose decisions are binding on member states. Since 1998, 800 million European citizens have direct access to this court for redress in situations where they feel their fundamental rights are not respected. (This could of course have a bearing on the burqa discussion in the Salon).


ECHR building in Strasbourg

  • On democracy and political affairs, the COE's activities include advisory work on improving local and regional government and better governance strategies, organising better cooperation between countries, setting standards and registering International NGOs.
  • The Social Cohesion directorate works through research, information, advice, and standard-setting on a wide range of social issues: demography, migration, health, family, equality of access to rights
  • The Cultural Cooperation directorate deals with intercultural dialogue, education, and sport
  • a legal directorate looks after matters of public international law, and also includes an anti-terrorism section.

The COE's institutions include a Committee of Ministers, composed of the Foreign Ministers of the 47 member states, which is the executive body, and the Parliamentary Assembly composed of delegations from the members states' parliaments - an advisory, not a legislative body. These institutions, the European Court of Human Rights, and the directorates and advisory bodies of the COE are based in Strasbourg. Take the tour with Jerome a Paris, a native of the city.

Thought: The organisation in directorates-general (DGs) is obviously echoed in the DGs of the European Commission. Though the COE cooperates with the EU and there are shared programmes, the split between the two organisations is a reminder of the relentless and increasing market focus of the EU. While the EU concentrates on the single market, the COE plugs away on society, culture, citizenship, rights, equal access.

I wonder if the cause of European integration might not be better served by a greater degree of integration between the EU and the COE?

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The problem is that the Council of Europe has no popular mandate whatsoever.  It is an organisation of diplomats and international lawyers whose work is at several removes form the peoples it is designed to serve - most of whom do not know of its existence, or at least confuse it with other international bodies - EU/UN/ECJ etc..  

That is not to say that it's work isn't valuable - forming a bedrock of "European Values" and law to which political activists and others at risk of repression can appeal.

Unfortunately, in the real world ((tm)) it is economic and military power which carries more weight and media space.  But the development of the Council of Europe is an alternative to the ever enlargement of the EU which may soon become too unwieldy to Govern effectively.

notes from no w here

by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 09:05:36 AM EST
For instance, the pharmacopia:


The European Pharmacopoeia is a single reference work for the quality control of medicines in Europe.  Several legal texts make the European Pharmacopoeia mandatory

This has become the worldwide reference for medicine, after an extraordinary behind the scenes work of collating data, imposing standards for tests and procedures, and keeping it up to date. Binding in Europe, it applies de facto worldwide.


  • Provide authoritative quality standards for the medicinal substances that are IMPORTANT for PUBLIC HEALTH in Europe
  • RESPOND RAPIDLY to new risks to public health (mad cow disease, counterfeit medicines etc.)
  • Facilitate the FREE MOVEMENT and trade of medicines among countries
  • Facilitate ACCESS to high-quality medicines, by allowing free movement
  • ENSURING THE SAME QUALITY OF MEDICINES FOR ALL EUROPEAN CITIZENS.

Same quality for all. Not a bad goal...

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Tue Jun 23rd, 2009 at 09:19:45 AM EST
[ Parent ]
Wouldn't it be great if the same quality of medicines for all were expanded to the same quality of healthcare for all - not a bad goal to revitalise the EU.

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 09:30:17 AM EST
[ Parent ]
The Committee is made up of Foreign Ministers and the Parliament of elected members of national parliaments, so it's not quite exact to say it has no popular mandate whatsoever - though it's not direct democracy. At the same time, do its tasks of study and survey, information, education, standard-setting, and providing justice through the ECHR, really require direct democracy?

That it's little known and confused with other bodies is true. Like the EU, it needs to communicate better. Journalists might pay more attention, too.

by afew (afew(a in a circle)eurotrib_dot_com) on Tue Jun 23rd, 2009 at 09:36:44 AM EST
[ Parent ]
I don't know which Irish parliamentarians are on the Council of Europe and a quick Google (not helped by the nomenclature confusion around "Council of Europe") doesn't help me find out either.  

I'm not saying a lot of good work can't be done without popular engagement, but the work of the Council could be so much more influential if there were more.  

Judicial functions generally require detachment not popular sentiment, so there is a valuable role for the Council of Europe to play - particularly for non-EU members.

But the core weakness of international institutions generally is lack of popular engagement and legitimacy generally, and this makes them vulnerable to being ignored by the powers that be - as in when the USA blithely ignores the Geneva Conventions on Torture without fear of prosecution or consequences.

notes from no w here

by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 10:36:39 AM EST
[ Parent ]
Frank Schnittger:
I don't know which Irish parliamentarians are on the Council of Europe and a quick Google (not helped by the nomenclature confusion around "Council of Europe") doesn't help me find out either.  
I tried navigating the coe.int website and got this.

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous
by Migeru (migeru at eurotrib dot com) on Tue Jun 23rd, 2009 at 10:53:55 AM EST
[ Parent ]
Thanks.  I'm afraid they're all third string back-benchers (with the possible exception of Joe Costello) who've been thrown a bone in lieu of a junior Ministry or some other junket abroad.  It would help if they actually had an interest in international law/human rights or any of the other core functions of the COE.

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 11:22:52 AM EST
[ Parent ]
As Migeru found, the Parliamentary Assembly's website has a membership list by national delegation, and Ireland is here. Not really all that hard to find.

But I don't suppose they talk to the media about it much. The French list is fairly obscure too, and don't make any noise about their membership of the COE Parliament.

by afew (afew(a in a circle)eurotrib_dot_com) on Tue Jun 23rd, 2009 at 12:40:15 PM EST
[ Parent ]
Don't underestimate the power the European Court of Human Rights has. Neither Turkey nor Russia has ever dared go against any of its decisions, a nice sign of its legitimacy and shaming power, and the court offers a real last recourse to people all over the continent (including in places like France, which regularly gets scolded by the ECHR).

Of course, Russia has taken to intimidate people so they don't manage to get to file in Strasbourg, but that only underlines that they resepct the power of the court, by trying to avoid facing its wrath in indirect ways.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (etg@eurotrib.com) on Tue Jun 23rd, 2009 at 09:52:05 AM EST
[ Parent ]
Jerome a Paris:
Don't underestimate the power the European Court of Human Rights has. Neither Turkey nor Russia has ever dared go against any of its decisions
But the British Home Secretaries (under Labour!), the Tories and the tabloid press continuously decry it and want to repeal Blair's greatest legacy, the Human Rights Act 1998 which incorporates the European Convention on Human Rights into UK law.

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous
by Migeru (migeru at eurotrib dot com) on Tue Jun 23rd, 2009 at 10:06:05 AM EST
[ Parent ]
But thats just Eurosceptic PR, they're only talking about removing that chunk of law that lets British Judges act, not withdrawing from the European court. It won't actually withdraw the UK from the European court, and its judgments will still be legally binding.

When they talk about this one of the major questions is What specific rights do they wish to withdraw from? and this is always the point where they start to mumble,

If you're not part of the solution, you're part of the precipitate.

by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 11:15:34 AM EST
[ Parent ]
The great thing is that its very difficult to resile from rights once granted...

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 11:25:35 AM EST
[ Parent ]
And dont just take my word for it, here's  Lord Binghams Speach at Libertys 75th aniversary Conference

In recent years Liberty's attention has been focused on the vindication of rights
protected by the European Convention on Human Rights and the Human Rights Act
of 1998. Both have been the subject of much hostility from those who find it less
trouble to attack them than to try to understand what they mean. One major party, as
I understand, wishes to repeal the 1998 Act. The other wants to revise it. I should like
to make ten points, which should in my opinion inform any debate on this subject.
First, the Convention - despite its name - is not some suspect foreign import, to be
rejected as in some way alien or un-British. It was drafted in the years after World
War II as a response to the horrors we had witnessed, not least in Europe. Leading
British politicians, out of office at the time, made a huge contribution to the drafting of
the instrument, which was thought to reflect values which we in this country took for
granted and which had, we thought, been vindicated by our military triumph. We
wanted these values to be more widely respected. So the UK was the first state to
ratify.

The second point is fundamental. On acceding to the Convention the UK undertook
to secure to everyone within its jurisdiction - effectively, within its borders - the rights
and freedoms set out in the Convention. That was, and is, a solemn obligation
binding on this country in international law. It was an obligation binding on this
country before the Human Rights Act was passed. It is an obligation which would
continue to bind this country even if the Human Rights Act were repealed. It is an
obligation which would cease to bind the UK only if, inconceivably, it were to
renounce the Convention, and that is a course which, so far as I know, no political
party and no responsible commentator has advocated. It is misleading to suggest
that by repealing the Act Jack would at a bound be free.



If you're not part of the solution, you're part of the precipitate.
by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 11:29:04 AM EST
[ Parent ]
Exactly what is the problem with human rights as far as those who want to repeal the act are concerned?  Is it simply that Britain is subject to an international convention and Court?  Is it the little Englanders who have forgotten the lessons of the War?

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 11:50:16 AM EST
[ Parent ]
It's worth reading the full article, he summarises all the arguments against it from the end of page 2 and says why they're rubbish.  I think it all comes down to it being Foreign (Which it isn't) and the desire to sell more newspapers really.

If you're not part of the solution, you're part of the precipitate.
by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 11:55:11 AM EST
[ Parent ]
being Foreign (Which it isn't) and the desire to sell more newspapers really

True British values.

by Colman (colman at eurotrib.com) on Tue Jun 23rd, 2009 at 11:57:00 AM EST
[ Parent ]
It's also about Europeans being unfriendly.

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous
by Migeru (migeru at eurotrib dot com) on Tue Jun 23rd, 2009 at 12:12:05 PM EST
[ Parent ]
Do you have LibDem Membership Migeru? One of the possible outcomes of this fraudulent payment scandal is that LibDem Members get surcharged by the courts for their share of the £2.5 million that the party wrongly recieved.

If you're not part of the solution, you're part of the precipitate.
by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 12:42:14 PM EST
[ Parent ]
I'll pay to clean Mig's moat any day.  We could have a collection  on Eurotrib.

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 12:48:39 PM EST
[ Parent ]
Are you talking about City trader gave Lib Dems record £2.5m for election - UK Politics, UK - The Independent

A City trader bankrolled the Liberal Democrats' general election campaign with a gift of £2.5m, the party's biggest donation.

Michael Brown's donation was part of a record income for the Liberal Democrats of £4,164,970 during the first three months of this year. The party received £500,000 before the 2001 election. It won an extra 11 seats in this month's poll.

Mr Brown made his donation though his London derivatives company 5th Avenue Partners Ltd.

this?

Let's see, last I knew there were 60 thousand members, so 2.5 million is 40 pounds per member.

I suppose I can afford it if it came to that...

But how can the courts surcharge the members? What is the legal status of a political party? Shouldn't it have limited liability?

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous

by Migeru (migeru at eurotrib dot com) on Tue Jun 23rd, 2009 at 12:55:32 PM EST
[ Parent ]
Yes,

BBC NEWS | Politics | Police examine Lib Dems donation

Mr Brown's victims say the Liberal Democrats were using their stolen money.

Now one of them, Robert Mann, who is already suing the party to get it back, has instructed his lawyers to ask police to investigate whether the party breached the 2002 Proceeds of Crime Act.

Mr Mann, himself a tax lawyer in California, told Newsnight: "The money was used by Mr Brown for something totally opposite to what the purpose of the investment was.

If he wins his case, then thats one of the ways that they may have to get the money back, as the party doesn't have it.

If you're not part of the solution, you're part of the precipitate.

by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 01:26:44 PM EST
[ Parent ]
If he wins his case, then thats one of the ways that they may have to get the money back, as the party doesn't have it.

The party's going to have to make a really good argument if they're going to get me to pay them £40 for taking a donation from a hedge fund manager who is now a convicted fraudster at large...

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous

by Migeru (migeru at eurotrib dot com) on Tue Jun 23rd, 2009 at 06:36:06 PM EST
[ Parent ]
Does the members of a party hold financial responsability in the case of it going broke? And is political memberships public information in the UK?

In Sweden, the answers to both questions are no, but I do not know about the UK.

A vote for PES is a vote for EPP! A vote for EPP is a vote for PES! Support the coalition, vote EPP-PES in 2009!

by A swedish kind of death on Wed Jun 24th, 2009 at 04:42:50 AM EST
[ Parent ]
Yes, that is what I'm asking.

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous
by Migeru (migeru at eurotrib dot com) on Wed Jun 24th, 2009 at 05:04:08 AM EST
[ Parent ]
why ever would Europeans be unfriendly to Brits?  Some of my best friends are Brits and we always enjoy their company (especially when we beat them at their won game - rugby).  Although I do admit it's a bit much when they start poaching our cricketers as well - given we only have a couple of hundred of them.  Don't the Brits own half the costas in Spain? Don't the Spanish serve them fish and chips on demand? What's their problem with Europeans?

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 12:43:12 PM EST
[ Parent ]
I think its some kind of channel based sickness that afflicts many of my countrymen, and some sort of hold over from scandinavians turning up, burning things and stealing our women. If the Europeans could just work out howw to make a proper cup of tea, im sure we could work it all out.

If you're not part of the solution, you're part of the precipitate.
by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 12:54:08 PM EST
[ Parent ]
The tabloids like to blame the EU for the procedural guarantees that the judicial system gives to (suspected) criminals. It's also a good thing to attack as part of a rant on multiculturalism or political correctness.

It's not actually about repealing the Human Rights Act but about keeping the authoritarian masses in a suitable state of righteous indignation.

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous

by Migeru (migeru at eurotrib dot com) on Tue Jun 23rd, 2009 at 12:10:35 PM EST
[ Parent ]
Whats the founder of the Daily Mails statement, I'll give people something new to hate every day.

If you're not part of the solution, you're part of the precipitate.
by ceebs (ceebs (at) eurotrib (dot) com) on Tue Jun 23rd, 2009 at 12:43:12 PM EST
[ Parent ]
But it's always the same old, same old...

notes from no w here
by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Tue Jun 23rd, 2009 at 12:44:09 PM EST
[ Parent ]
That's remarkably forthright.

- Jake

"Terraforming your own planet to make it uninhabitable hardly counts as epic win." - ThatBritGuy

by JakeS (JangoSierra 'at' gmail 'dot' com) on Wed Jun 24th, 2009 at 07:51:28 AM EST
[ Parent ]


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