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European Human Rights Lecture 1
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Lecture notes of 2 pages for the course European Human Rights at UM (Lecture 1)
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Lecture 1Individual assignment has to be handed in at the end of week 6 (9th of
October 12.00).
Council of Europe
Council of Europe (founded May 5th 1949 in Strasbourg) is not an organ of
the EU. It’s purely a European organisation. It has 47 Member States and
only 3 European States are no member (Belarus, Kazakhstan and Vatican
City). Some states have a limited recognition of the Council.
Aim: Article 1 Statute Council of Europe Achieving a greater unity
between its Members for the purpose of safeguarding and realizing the
ideals and principles which are their common heritage and facilitating their
economic and social progress.
Main focus: Promoting and strengthening Rule of Law and protection of
human rights. Not economical issues or issues.
The Council of Europe is an intergovernmental organisations. So it cannot
take binding decisions for the parties of a case. Just by binding itself to a
European Human Rights treaty, they will be bound to a Council of Europe
decision. They focus on cooperating and dialogue.
There are basically two organs in the Council of Europe (3):
- The Committee of Ministers (CM)
Members are Ministers of Foreign Affairs of all the Member States. They
meet only once a year around May 5th. It’s the executing body of the
Council of Europe. What do they do? Deciding on budget, political
dialogue, concluding treaties, adopting recommendations for States,
supervising execution judgements ECHR (article 46) and interacting
with Parliamentary Assembly.
- The Parliamentary Assembly (Pace)
Members are Members of national parliaments who are a member of
the Council of Europe. It’s a deliberative organ. ‘The democratic
consciousness of Europe’’. They meet four times a year. Activities:
democratic forum for debate, consult and advice on draft treaties to be
concluded within Committee of Ministers, suggestions for concluding
treaties and election of judges of ECHR (article 22).
- Secretary-General
Activities: head of administrative organisation, visiting countries
(dialogue) and requests for reports of States on how they implement
ECHR (article 52).
The ECHR is a treaty based organ (article 19). Judgements of the ECHR are
binding. The Committee of Ministers has to supervise the execution of
judgements. Russia for example has had lots of problems regarding this.
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