The new President of the Parliamentary Assembly of the Council of Europe (see EUROPE 12412/18), the Belgian liberal Rik Daems, advocates a “proactive” attitude to establish a stronger legal link between, on the one hand, the protection of the environment and the fight against climate change and, on the other hand, respect for the fundamental rights ultimately guaranteed by the European Convention on Human Rights.
We need “a link between the environment and fundamental rights”, he told some journalists on Tuesday 3 March. To achieve this, he outlined a three-step approach: – begin work in the Parliamentary Assembly on a recommendation on the subject to the Committee of Ministers; – work in parallel on the drafting of a specific convention; – in the longer term, draw up a specific protocol to be annexed to the European Convention on Human Rights.
The third instrument envisaged, which would require ratification by all Council of Europe member countries, would have greater legal weight.
“Will it work? I don’t know”, Mr Daems admitted, promising to make his case to all capitals, starting with those of the Benelux in March. In his view, a protocol to the Convention would enable the European Court of Human Rights in Strasbourg to create a level playing field, while judgments are being handed down in some member states, such as the Netherlands.
Rule of law. Asked about the problems with rule of law in Poland and Hungary, Mr Daems mentioned “concerns” expressed by the Assembly over which he presides.
“If you’re a signatory, you obviously have to accept rulings of court based on a Council of Europe convention”, he said, referring in particular to the willingness of the Hungarian government of Viktor Orbán to defy recent ECHR judgments. (Original version in French by Mathieu Bion)