Council of Europe or European Union?

Council of Europe and European Union

The Council of Europe is a different organisation from the European Union and even its membership is different. Whereas the EU has 25 Member States, the Council of Europe has a membership of 46 countries.

The Council of Europe is a purely intergovernmental organisation which was set up in 1949; its main aims include the protection of human rights and the promotion of democracy and the rule of law. It also promotes Europe’s cultural identity and addresses problems facing European society such a racism and xenophobia.

Unlike EU legislation, its treaties are not directly binding in national law, unless ratified by the normal parliamentary procedures of the member state concerned.

However, the Council of Europe is best known for having sponsored the European Convention on Human Rights which is its legally binding charter of human rights. The success of this convention, which was signed in November 1950, is largely due to the establishment of a judicial mechanism, in the form of the European Court of Human Rights, which has been able to ensure that human rights are respected in practice and not just on paper. Some of this court’s human rights judgements are very far-reaching. It is important to notice that the European Court of Human Rights is the only Court in Europe before which any European citizen can present a complaint directly against one of the 46 Council of Europe member states what has thus become a sort of guarantee for human rights, even for countries which do not have a written constitution (like Britain) or a supreme court..

More concretely, citizens in countries which are signatories to the convention (and its protocols) have a direct resort to this Strasbourg-based European court. This is known as the right to individual petition and if citizens do not feel redressed in their home courts, they can petition directly to the European Court of Human Rights. Again, the European Court of Human Rights should not be confused with the EU’s European Court of Justice which was set up under the ECSC Treaty in 1952 and it is based in Luxembourg.

The European Court of Justice’s job is to make sure that EU legislation is interpreted and applied in the same way in all EU countries; it ensures, for example, that national courts do not give different rulings on the same issue. The Court also makes sure that EU member states and institutions do what the law requires. The Court has the power to settle legal disputes between EU member states or EU institutions. 

In general, the Council of Europe and the European Union have worked in parallel and on a complementary basis. For instance, for a country to join the EU, it must also pass the "political criterion" which means that it must show a high level of respect of human rights, democracy and the rule of law.

Council of Europe Anthem and Flag

The European flag and the European anthem were chosen and adopted by the Council of Europe before also becoming symbols of the European Union. They are now the emblems par excellence of a shared European identity.

The flag: on 25 October 1955 the Council of Europe Parliamentary Assembly unanimously approved the emblem of a circle of gold stars on a blue background. On 9 December 1955 the organisation's Committee of Ministers adopted the star-studded flag, which was launched officially on 13 December of the same year in Paris.

The anthem: In 1971 the Parliamentary Assembly decided to propose adopting the prelude to the Ode to Joy from Beethoven's 9th Symphony as the European anthem. The Committee of Ministers gave its approval a few months later. It was Herbert von Karajan who prepared the musical arrangement of the anthem, adapted it for orchestra and conducted the performance used to make the official recording. The anthem was launched via a major information campaign on Europe Day in 1972.

Council of Europe in summery:

Origins and membership

The Council of Europe is the continent's oldest political organisation, founded in 1949. It:

• groups together 46 countries, including 21 countries from Central and Eastern Europe,

• has application from 1 more country (Bélarus),

• has granted observer status to 5 more countries (the Holy See, the United States, Canada, Japan and Mexico),

• is distinct from the 25-nation European Union, but no country has ever joined the Union without first belonging to the Council of Europe,

• has its headquarters in Strasbourg, in north-eastern France.

Aims
The Council was set up to:

• defend human rights, parliamentary democracy and the rule of law,

• develop continent-wide agreements to standardise member countries' social and legal practices,

• promote awareness of a European identity based on shared values and cutting across different cultures.

Since 1989, its main job has become:

• acting as a political anchor and human rights watchdog for Europe's post-communist democracies,

• assisting the countries of central and eastern Europe in carrying out and consolidating political, legal and constitutional reform in parallel with economic reform,

• providing know-how in areas such as human rights, local democracy, education, culture and the environment.

How it works

The main component parts of the Council of Europe are:

• the Committee of Ministers, composed of the 46 Foreign ministers or their Strasbourg-based deputies (ambassadors/permanent representatives), which is the Organisation's decision-making body.

• the Parliamentary Assembly, grouping 630 members (315 representatives and 315 substitutes) from the 46 national parliaments.

• the Congress of Local and Regional Authorities, composed of a Chamber of Local Authorities and a Chamber of Regions. Its current President is Giovanni Di Stasi (Italy, SOC)

• the 1800-strong secretariat headed since September 2004 by Secretary General Terry Davis (United Kingdom, SOC), former Vice-President of the Parliamentary Assembly and former President of the Socialist Group of the Assembly.

Some practical achievements

• 198 legally binding European treaties or conventions many of which are open to non-member states on topics ranging from human rights to the fight against organised crime and from the prevention of torture to data protection or cultural co-operation.

• Recommendations to governments setting out policy guidelines on such issues as legal matters, health, education, culture and sport.

What’s what?

Council of Europe :

An international organisation in Strasbourg which comprises 46 democratic countries of Europe.

European Council :

Regular meeting (at least twice a year) of the heads of state or government from the member states of the European Union for the purpose of planning Union policy.

Parliamentary Assembly:

The deliberative body of the Council of Europe, composed of 315 representatives (and the same number of substitutes) appointed by the 46 member states’ national parliaments.

European Parliament :

The parliamentary body of the European Union which comprises 786 European Members of Parliament of the 25 European Union countries, elected by universal suffrage.

European Commission of Human Rights:

Until November 1998, this international body examined the admissibility of all individual or state applications against a member state in accordance with the European Convention on Human Rights; it expressed an opinion on the violation alleged in applications found to be admissible in cases in which no friendly settlement is reached.

European Commission :

The executive organ of the European Union, based in Brussels, which monitors the proper application of the Union treaties and the decisions of the Union institutions.

European Court of Human Rights :

Based in Strasbourg, this is the only truly judicial organ established by the European Convention on Human Rights. It is composed of composed of one Judge for each State party to the Convention 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.

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.

European Convention on Human Rights :

Treaty by which the member states of the Council of Europe undertake to respect fundamental freedoms and rights.

Universal Declaration of Human Rights :

Adopted by the United Nations in 1948 in order to strengthen the protection of human rights at international level.