You are on page 1of 23

Theme:Council of European

Union
and

The Council of Europe
Author:Calestru Cristina
Bostan Cristina

Distinguish the EC from the CoE

Brussels

Strasbourg

Council of european
union
15 member states
(14 pending)

Council of Europe
45 member states

C of EU

CoE

Member States cede some of their sovereign rights to the
C of EU
Thus, the C of EU is able to issue sovereign acts that have
the same force as laws in individual states.

Decisions require unanimity, which means that every
country has a power of veto.
The Council of Europe is therefore designed only with
international cooperation in mind.

The European flag represents both the Council of Europe and the European Union to
strengthen the idea of solidarity between the different organizations for a united and
democratic Europe
.

The council of
european union

The Council of the European Union sometimes just called
the Council and sometimes still referred to as the Council of
Ministers is the third of the seven institutions of the European
Union (EU) as listed in the Treaty on European Union It is part of the
essentially bicameral EU legislature the other legislative body
being the European Parliament and represents the executive
governments of the EU's member states
The Presidency of the Council rotates every six months among
the governments of EU member states, with the relevant ministers
of the respective country holding the Presidency at any given
time ensuring the smooth running of the meetings and
setting the daily agenda
The Council first appeared in the European Coal and
Steel Community
(ECSC) as the "Special Council of
Ministers"

What does it do?
1Passes EU laws.
2Coordinates the broad economic policies of EU member
countries.
3Signs agreements between the EU and other countries.
4Approves the annual EU budget
5Develops the EU's foreign and defence policies.
6Coordinates cooperation between courts and police forces of
member countries.

The Council can be compared with similar institutions in federal
states, such as the German Bundesrat, the Swiss Ständerat, or the
United States Senate
When the Council is meeting in Luxembourg, it meets in the Kirchberg
Conference Centre and its offices are based at the European Centre on the
plateau du Kirchberg.The Council has also met occasionally in Strasbourg, in
various other cities, and also outside the Union: for example in 1974 when it
met in Tokyo and Washington while trade and energy talks were taking place.
Under the Council's present rules of procedures the Council can, in
extraordinary circumstances, hold one of its meetings outside Brussels and
Luxembourg.
Within the Council's debates, delegates may speak in any of the 24 official EU
languages. Official documents are also translated
into Catalan/Valencian, Basque, and Galician Prior to the Lisbon Treaty, only
minutes and voting records were made available when the Council is acting as
a legislator (published in the Official Journal of the European Union). Since
then all meetings where the Council is legislating are open to public viewing.

Voting
Decisions in the Council of the EU are taken by qualified majority as a
general rule. The bigger a country’s population, the more votes it has, but
in fact the numbers are weighted in favour of the less populous countries:
Germany, France, Italy and the United Kingdom: 29 votes
Spain and Poland: 27
Romania: 14
Netherlands: 13
Belgium, Czech Republic, Greece, Hungary and Portugal: 12
Austria, Bulgaria and Sweden: 10
Croatia, Denmark, Ireland, Lithuania, Slovakia and Finland: 7
Cyprus, Estonia, Latvia, Luxembourg and Slovenia: 4
Malta: 3
TOTAL: 352

The Institutions of the EU
Council of the EU
15 Ministers

Tasks Include:

Drawing up legislation

Coordination of economic policy

Budgetary control

Appointments

External relations

One representative of each Member State at ministerial level, with composition varying
according to the subject discussed.
General Affairs
Council

Economic and
Financial Affairs

Transport Council

Agriculture Council

Council of Europe

The Institutions of the EU
European Council
15 Heads of State and
the President of the
Commission


Function is to establish policy guidelines for European
integration.

Meet twice a year, accompanied by the Foreign Ministers and a
Member of the Commission.


Makes basic policy decisions and issues instructions and
guidelines to the Council or the Representatives of the Member
States meeting in the Council.

Has directed work on economic and monetary union, the
European Monetary System, direct elections to Parliament.

Creation of the Council of Europe

1949

1950

1957

1959

Treaty of
London

Signature in Rome
of the Council's
Convention for
the Protection of
Human Rights
and Fundamental
Freedoms
- the first
international legal
instrument
safeguarding
human rights.

Established the
Standing
Conference of
Local and
Regional
Authorities of
Europe (now the
Congress of
Local and
Regional
Authorities
of Europe)
to bring together
local and
regional authority
representatives.

Established
the
European
Court of
Human
Rights,
under the
European
Convention on
Human Rights,
to ensure
observance of
the obligations
undertaken by
contracting
states.

Established the
Council of Europe.
Signed by ten
states:
Belgium, Denmark,
France, Ireland,
Italy, Luxembourg,
the Netherlands,
Norway, Sweden
and the United
Kingdom.

Signature of the
European Cultural
Convention,
forming the
framework for the
Council's work in
education, culture,
youth and sport.

1998
Single permanent
European Court of
Human Rights to be
established in
Strasbourg under
Protocol No. 11 to the
Council's European
Convention on Human
Rights, replacing the
existing system.

Council of Europe Membership
Cyprus,
Liechtenstein,

Albania, Andorra,

Malta, Portugal,
Spain, Switzerland

Armenia and
Finland, San Marino,

1988-89

1961-78

Azerbaijan, Bosnia
and Herzegovina,
Bulgaria, the Czech
Republic, Estonia,
Georgia, Hungary,

Belgium, Denmark,

Latvia, Lithuania,

France, Ireland,

Moldova, Poland,

Italy, Luxembourg,

Romania, Russian

Netherlands,

Federation and

Norway, Sweden,

Croatia, Serbia and

United Kingdom

Montenegro,

1949-Original 10
Austria, Cyprus,
Germany, Greece,
Iceland, Turkey,

1949-56

=

States that are current members of the EU

Slovakia,Slovenia,
Ukraine

1990-2003

Council of Europe
The Principles

The Council of Europe is an intergovernmental organisation which 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 seek solutions to problems facing European society (discrimination against minorities,
xenophobia, intolerance, environmental protection, human cloning, Aids, drugs, organised crime,
etc.);
• to help consolidate democratic stability in Europe by backing political, legislative and constitutional
reform.

The Institutions of the Council of Europe
Committee of
Ministers
45 Ministers
European Court of
Human Rights
Parliamentary
Assembly
313 Members
Convention for the
Protection of Human
Rights and
Fundamental
Freedoms

Congress of Local
and Regional
Authorities of
Europe

43 Judges

The Institutions of the Council of Europe

Committee of
Ministers
45 Ministers

Decision-making body comprised of ministers of the 45 member states.


Decides on the action to be taken on recommendations of the
Parliamentary Assembly and the Congress of Local and Regional
Authorities of Europe, and on the proposals from various intergovernmental
committees and conferences of specialized ministers.

The Institutions of the Council of Europe

Parliamentary
Assembly
313 Members

One of 2 main statutory organs.

313 members elected or appointed by national parliaments.


Each country has between 2 and 18 members, depending on size of
population.

The Assembly has 5 political groups: Socialist Group (SOC), Group of the
European People’s Party (EPP/CD), European Democratic Group (EDG),
liberal, Democratic and Reformer’s Group (LDR), and Group of the Unified
European Left (UEL).

Some members of the Assembly choose not to belong to any political group.

Compare the Parliamentary Assembly, which is comprised of representatives elected or appointed by national
parliaments of all the Council of Europe’s Member States, with the EU’s European Parliament, comprised of the
directly elected representatives of the 15 member countries of the EU.

The Institutions of the Council of Europe
European Court of
Human Rights
43 Judges


Based in Strasbourg, this is the only truly judicial organ established by
the European Convention on Human Rights.

It is composed of 43 judges* and ensures, in the last instance, that
contracting states observe their obligations under the Convention.

Since November 1998, the Court has operated on a full-time basis.

Compare with:
Court of Justice of the European Communities:
Meets in Luxembourg and ensures compliance with the law in the interpretation and
application of the European Treaties of the European Union.
International Court of Justice :
Judicial body of the United Nations which meets in The Hague.

Policy Tools of the Council of Europe
Binding Authority?
European treaties or Conventions

Charters

Codes

Framework convention

Outline convention

Binding agreements on states that ratify them;
requiring ratification or acceptance.

Agreements

May be signed with or without reservation as
to ratification, acceptance or approval.

Judgments of the Court

Binding for the parties involved.

Recommendations

Non-binding missives to governments; set out
policy guidelines on such issues as legal
matters, health, education, culture and sport.

Declarations and Resolutions

Non-binding missive on current political
issues.

Policy Process of the Council of Europe


European Conventions and Agreements are prepared and negotiated within the
institutional framework of the Council of Europe.

Negotiation culminates in a decision of the Committee of Ministers Monitoring
systems have been set up for the main treaties.

It is then agreed to open the treaty for signature by member States of the
Council.

European Conventions and Agreements, however, are not statutory acts of the
Organisation; they owe their legal existence simply to the expression of the
will of those States that may become Parties thereto, as manifested inter alia by the
signature and ratification of the treaty.

Collaboration between the EU and the Council of Europe
The Treaty on the European Communities recommends that the European Community
establish all appropriate forms of co-operation with the Council of Europe and more
specifically that co-operation with the Council of Europe should be fostered in the fields of
education and culture.
To further these aims, there are:
• “Quadripartite” meetings at which the leaders of the two institutions meet
• Joint Council of Europe/European Commission technical assistance programmes.

The “Joint Declaration on Co-operation and Partnership between the Council of Europe and
the European Commission” (2001), aimed at giving fresh impetus to efforts to strengthen cooperation between the Council of Europe and the European Community.

One example of cooperation between the two is:
The European Commission adaptation of a draft decision to sign Convention 180 of the Council
of Europe on behalf of the EU. Convention 180 establishes an international mechanism for the
prior notification of national rules on online services, based on the EU system of legislative
transparency in this area.