Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-29T01:19:51.920Z Has data issue: false hasContentIssue false

The Council of Europe, Rights and Political Authority

Published online by Cambridge University Press:  31 January 2013

Kundai Sithole*
Affiliation:
Department of Politics and International Relations, University of Oxford, UK. E-mail: [email protected]

Abstract

This paper examines the importance of human rights protection – in particular the European Convention on Human Rights – to the Council of Europe's survival as a political authority. Its underlying premise is that the proliferation of regional organisations in Europe in post-war Europe, and the creation of the Communities in 1958, contributed to a loss of a sense of purpose as to the Council of Europe's role in post-war Europe. Initial attempts to widen the scope of its political authority in relation to the Member States and other regional organisations were unsuccessful. It was, therefore, necessary for the Council of Europe to consolidate its existing mandate in ensuring the region's democratic security through human rights protection. Thus, led by its Parliamentary Assembly, Council of Europe institutions have, since 1949, provided the Member States with the necessary regional fora for examining and promulgating regional human rights legislation, such as the European Convention on Human Rights and its two additional protocols abolishing the death penalty.

Type
Focus: Rights
Copyright
Copyright © Academia Europaea 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

References and Notes

1. The Treaty of Lisbon, and additional Protocol No.14 to the Convention pave the way for the European Union's future accession to the Council of Europe ECHR.Google Scholar
2.Checkel, J.T. (1999) Norms, institutions and national identity in contemporary Europe. International Studies Quarterly, 43(1), pp. 83114; J.T. Checkel (1999) Social construction and integration. Journal of European Public Policy, 6(4), pp. 545–560; J.T. Checkel (2001) Why comply? Social learning and European identity change. International Organization, 55(3), pp. 553–588.CrossRefGoogle Scholar
3.Schimmelfennig, F., Engert, S. and Knobel, H. (2006) International Socialisation in Europe: European Organisations, Political Conditionality, and Democratic Change (Basingstoke: Palgrave Macmillan); F. Schimmelfennig (2007) European regional organisations, political conditionality and democratic transformation in Eastern Europe. East European Politics and Societies, 21(1), pp. 126–141.Google Scholar
4.Jordan, P.A. (2003) Does membership have its privileges?: entrance into the Council of Europe and compliance with human rights norms. Human Rights Quarterly, 25(3), pp. 660688.CrossRefGoogle Scholar
5.Moravcsik, A. (2000) The origins of human rights regimes: democratic delegation in postwar Europe. International Organization, 54(2), pp. 217252.CrossRefGoogle Scholar
6.Bae, S. (2008) Friends do not let friends execute: the Council of Europe and the international campaign to abolish the death penalty. International Politics, 45(2), pp. 129145; J. Yorke (2009) The right to life and abolition of the death penalty in the Council of Europe. European Law Review, 34(2), pp. 205–229.CrossRefGoogle Scholar
7.Sasse, G. (2011) The Council of Europe as a norm entrepreneur: the political strengths of a weak international institution. In: N. Walker, J. Shaw and S. Tierney, eds., Europe's Constitutional Mosaic (Oxford: Hart Publishing), pp. 171202.Google Scholar
8.Brummer, K. (2010) Enhancing intergovernmentalism: the Council of Europe and human rights. The International Journal of Human Rights, 14(2), pp. 280299.CrossRefGoogle Scholar
9.MacMullen, A. (2004) Intergovernmental functionalism? The Council of Europe in European integration. Journal of European Integration, 26(4), pp. 405429.CrossRefGoogle Scholar
10.Lovecy, J. (2004) Framing decisions in the Council of Europe: an institutional analysis. In: B. Reinalda and B. Verbeek, eds., Decision Making Within International Organisations (London: Routledge) pp. 5973.Google Scholar
11.Smithers, P. ed. (1970) Manual of the Council of Europe. Structure Functions and Achievements (London: Stevens and Sons).Google Scholar
12.Greer, S. and Williams, A. (2009) Human rights in the Council of Europe and the EU: towards ‘individual’, ‘constitutional’ or ‘institutional’ justice? European Law Journal, 15(4), pp. 462481.CrossRefGoogle Scholar
13.Robertson, A.H. (1973) European Institutions: Cooperation, Integration and Unification (London: Stevens and Sons).Google Scholar
14.Trommer, S.M. and Chari, R.S. (2006) The Council of Europe: interest groups and ideological missions. Western European Politics, 29(4), p. 677.CrossRefGoogle Scholar
15.Forsythe, D.P. (2006) Human Rights in International Relations (Cambridge: Cambridge University Press), p. 122.CrossRefGoogle Scholar
16.Bitsch, M.-T. (2001) Histoire de la construction européenne de 1945 à nos jours (Brussels: Editions Complexe).Google Scholar
17. The following regional organisations were created immediately after the Second World War: ● 17 March 1948: Brussels Treaty Organisation, which later became the Western European Union on 23 October 1954; ● 16 April 1948: Organisation for European Economic Cooperation, which later became the Organisation for Economic Cooperation and Development on 14 December 1960; ● 4 April 1949: North Atlantic Treaty Organisation; ● 18 April 1951: European Coal and Steel Community; ● 25 March 1957: European Economic Community, European Atomic Energy Community.Google Scholar
18.Parliamentary Assembly, Creation of a European Political Authority, Res 2 (1949), 1 September 1949.Google Scholar
19.Political and Economic Planning (1959) European Organisations (London: Allen and Unwin).Google Scholar
20.Haller, B. (2006) An Assembly for Europe: the Council of Europe's Parliamentary Assembly 1949–1989 (Strasbourg: Council of Europe Publishing).Google Scholar
21.Boothby, R. (1952) The future of the Council of Europe. International Affairs, 28(3), p. 333.CrossRefGoogle Scholar
22.Kover, J.F. (1954) The integration of Western Europe. Political Science Quarterly, 69(3), pp. 354373.CrossRefGoogle Scholar
23. See, for example, ‘Recommendation 54 relative to the Reform of the Statute, adopted on 23rd November 1950 at the conclusion of the Debate on the Third Report of the Committee on General Affairs’. This Parliamentary Assembly Recommendation to the Committee of Ministers sought the reform of the Council of Europe including the creation of a Parliament with two chambers – the Committee of Ministers and the Assembly – and with some legislative functions.Google Scholar
24. Committee of Ministers’ Rule 16 on Interim Resolution, Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements, 10 May 2006.Google Scholar
25. Committee of Ministers, Statutory Resolution (99)50 on the Council of Europe Commissioner of 7 May 1999.Google Scholar
26. Interviewee No. 1, European Commissioner for Human Rights’ office, 24 June 2009.Google Scholar
27.Resolution (2002)3 on the Revised Statute of the European Commission for Democracy through Law of 21 February 2002.Google Scholar
28.Benoit-Rohmer, F. and Klebes, H. (2005) Council of Europe Law. Towards a Pan-European Legal Area (Strasbourg: Council of Europe Publishing).Google Scholar
29. It remains a matter for further future empirical research as to whether such Council of Europe's authority extends to other policy sectors, or other human rights policy areas.Google Scholar
30. At the time of writing, Russia is the only Member State that has signed but not ratified Protocol No. 6. Abolitionist Armenia and Poland have signed but not ratified Protocol No. 13. Despite abolishing the death penalty in Azerbaijan and declaring a moratorium in Russia, neither country has signed Protocol No. 13.Google Scholar
31. Parliamentary Assembly, Resolution 3297(1973) on the ‘Motion for a Resolution on the abolition of the death penalty’, 16 May 1973.Google Scholar
32. Parliamentary Assembly, Minutes, AS/Jur (26)24 revised, 13 December 1974.Google Scholar
33. Parliamentary Assembly, Minutes, AS/Bur (26)30, 28 January 1975.Google Scholar
34. Parliamentary Assembly, Minutes, 29 January 1975.Google Scholar
35. Note presented by Amnesty International, 26th Meeting of the Conference of International NGOs, H/ONG (76)5, 13 September 1976.Google Scholar
36. Conference of European Ministers of Justice, Eleventh Conference, Copenhagen 21 to 22 June 1978: Conclusions and Resolutions, CMJ (78)7, 21–22 June 1978.Google Scholar
37. Conference of European Ministers of Justice, The Question of the Death Penalty. Memorandum submitted by the Austrian Delegation. CMJ (78)7, 21–22 June 1978.Google Scholar
38. Parliamentary Assembly, Document 4590(1980), 22 April 1980.Google Scholar
39.Wohlwend, R. (2004) The efforts of the Parliamentary Assembly of the Council of Europe. In: Council of Europe, ed., The Death Penalty Abolition in Europe (Strasbourg: Council of Europe Publishing).Google Scholar
40. Protocol No. 6 to the European Convention on Human Rights, Explanatory Report, 28 April 1983.Google Scholar
41. Committee of Ministers, Conclusions of the 337th meeting of the Ministers’ Deputies, Concl (81)337, 21–25 September 1981.Google Scholar
42. National ratification of Protocol No. 6 by established Council of Europe Member States between 1983 and 1989: Austria (5 January 1984); Denmark (1 December 1983); France (17 February 1986); Federal Republic of Germany (5 July 1989); Iceland (22 May 1987); Italy (29 December 1988); Luxembourg (19 February 1985); Netherlands (25 April 1986); Norway (25 October 1988); Portugal (2 October 1986); San Marino (22 March 1989); Spain (14 January 1985); Sweden (9 February 1984); Switzerland (13 October 1987).Google Scholar
43. Steering Committee on Human Rights, Draft opinion of the Steering Committee on Human Rights on Recommendation 1246(1994) of the Parliamentary Assembly on the abolition of the death penalty, Document No. CDDH (95)8, 5 May 1995.Google Scholar
44. Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Explanatory Report, 3 May 2002.Google Scholar
45.Yorke, J. (2008) The evolving human rights discourse of the Council of Europe: renouncing the sovereign right of the death penalty. In: J. Yorke, ed., Against the Death Penalty: International Initiatives and Implications (Farnham: Ashgate) pp. 4373.Google Scholar
46. For a more detailed discussion on originalism and the Court's evolutive interpretation of the Convention, see Letsas, G. (2007) A Theory of Interpretation of the European Convention on Human Rights (Oxford: Oxford University Press).CrossRefGoogle Scholar
47. Interviewee No. 2, Parliamentary Assembly Secretariat, 11 June 2010.Google Scholar