Brussels, 14/05/2007 (Agence Europe) - Work began on the memorandum of understanding between the European Union and the Council of Europe after the Warsaw summit in May 2005, and it was signed on Friday 11 May 2007, in Strasbourg. The original idea was to enhance cooperation between the more integrated 27-member Union and the pan-European organisation, which has remained purely intergovernmental, albeit far broader in scope as it now includes 47 countries including the Federation of Russia. Nonetheless, the text remains very timid. We give a brief overview below.
The agreement recognises that the Council of Europe will remain a reference when it comes to human rights, primacy of law and democracy in Europe. It provides that, on the basis of partnership and reinforced complementarity, the EU and Council of Europe will take every measure necessary to promote their cooperation through an exchange of views on their respective activities and through the development and implementation of joint programmes and strategies in priorities and areas of common interest set out in the agreement. Cooperation will: (1) take due account of the comparative advantages, competences and expertise of the EU and Council of Europe, by avoiding duplication and by promoting synergy; (2) seek added value; and (3) proceed to better use of existing resources. The Council of Europe and the EU confirm their commitment to establishing close cooperation based on their common priorities and, wherever possible, strengthen their relations in areas of common interest, such as: - human rights and fundamental freedoms; - pre-eminence of law, legal cooperation and response to new challenges; - democracy and good governance; - democratic stability; - intercultural dialogue and cultural diversity; - education, youth and promotion of human contacts; - and social cohesion.
The text of the agreement insists on the fact that the European Union considers the Council of Europe as a pan-European source of reference in human rights. In this context, the relevant norms of the Council of Europe will be quoted as a reference in the documents of the EU. Decisions and conclusions of its follow-up mechanisms will be taken into account by the EU institutions when necessary. The EU will develop cooperation and consultations on human rights with the human rights commissioner. In the field of human rights and fundamental freedoms, consistency of EC and EU legislation with the relevant Council of Europe conventions will be ensured. This will not prevent the Community and EU legislation from offering broader protection. Rapid EU accession to the European Convention on Human Rights would considerably foster consistency in the field of human rights in Europe. The Council for Europe and the EU will be examining this question further. The EU Agency for Fundamental Rights will strengthen the efforts of the Union aimed at ensuring respect of fundamental rights in the context of EU law and European Community law. It respects the unity, validity and effectiveness of instruments used by the Council of Europe to control protection of human rights in its member states. Practical cooperation between the Council of Europe and the Agency will be the subject of a bilateral cooperation agreement between the Council of Europe and the Community.
As far as democratic stability is concerned, the EU and Council of Europe will step up their efforts in common, including with increased cooperation in countries taking part in the European Neighbourhood Policy and in the EU enlargement process. The EU will also examine its participation in the open platform for interinstitutional cooperation for intercultural dialogue, initiated by the Council of Europe and UNESCO during the Faro ministerial conference. Furthermore, the Council of Europe and the EU will also cooperate in the field of social cohesion on the basis of the Council of Europe's Social Charter and the relevant EU texts.
The Council of Europe and the EU will continue their periodical four-way meetings devoted to the most important aspects of cooperation. More frequent consultations intended to strengthen political dialogue between, on one hand, the EU troika/presidency and, on the other, the chairman and vice-chairman of the Committee of Ministers and the secretary general of the Council of Europe may be organised informally at the level of ministers' delegates and at the level of the Political and Security Committee (COPS). The Council of Europe and the EU will regularly assess implementation of the present memorandum of understanding. In the light of this assessment, it will be decided by common accord, by 2013 at the latest, to revise the memorandum of understanding where necessary with a view to including new priorities on cooperation. (oj)