The Council of Europe
• Is an international organisation promoting co-
operation between all countries of Europe in the
areas of legal standards, human rights,
democratic development, the rule of law and
cultural co-operation.
• was founded in 1949, has 47 member states.
• is an entirely separate body from the European
Union (EU)
Goals
Article 1(a) of the Statute states that:
"The aim of the Council of Europe is to achieve a greater unity between its
members for the purpose of safeguarding and realising the ideals and
principles which are their common heritage and facilitating their economic
and social progress.“
Therefore, membership is open to all European states which seek European integration, accept the
principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights
and freedoms
DIFFERENCES WITH THE EU
• THE MEMBER STATES OF THE EUROPEAN UNION TRANSFER NATIONAL LEGISLATIVE AND
EXECUTIVE POWERS TO THE EUROPEAN COMMISSION AND THE EUROPEAN PARLIAMENT IN
SPECIFIC AREAS UNDER EUROPEAN COMMUNITY LAW
• COUNCIL OF EUROPE MEMBER STATES MAINTAIN THEIR SOVEREIGNTY BUT COMMIT
THEMSELVES THROUGH CONVENTIONS AND CO-OPERATE ON THE BASIS OF COMMON VALUES
AND COMMON POLITICAL DECISIONS.
• THOSE CONVENTIONS AND DECISIONS ARE DEVELOPED BY THE MEMBER STATES WORKING
TOGETHER AT THE COUNCIL OF EUROPE, WHEREAS SECONDARY EUROPEAN COMMUNITY LAW
IS SET BY THE ORGANS OF THE EUROPEAN UNION.
• COUNCIL OF EUROPE CANNOT MAKE BINDING LAWS
Main areas of interest
Protection of the rule of law and fostering legal co-operation through
some 200 conventions and other treaties
Protection of human rights
Protection of democracy
Promotion of cultural co-operation and diversity
THE EUROPEAN CONVENTION OF HUMAN RIGHTS
• is an international treaty to protect human rights and fundamental
freedoms in Europe.
• Drafted in 1950 by the then newly formed Council of Europe,the
convention entered into force on 3 September 1953.
• All Council of Europe member states are party to the Convention
THE EUROPEAN COURT OF HUMAN RIGHTS
• It is a supra-national or international court established by the European
Convention on Human Rights.
• It is based in Strasbourg, France
• It consists of a number of judges equal to the number of the meber
states of the council of Europe
• The Court’s judges sit in their individual capacity and do not represent
any State.
ECHR
• It hears applications alleging that a contracting state has breached
one or more of the human rights provisions concerning civil and
political rights set out in the Convention and its protocols.
• An application can be lodged by :
• an individual
• a group of individuals
• one or more of the other contracting states
• besides judgments, the Court can also issue advisory opinions.
ECHR
• Where it concludes that a member State has breached one or more of
these rights and guarantees, the Court delivers a judgment finding a
violation.
• Judgments are binding: the countries concerned are under an obligation
to comply with them.
JURISDICTION: THE JURISDICTION OF THE
COURT IS GENERALLY DIVIDED INTO:
• inter-state cases
• applications by individuals against
contracting states
• advisory opinions
APPLICATIONS BY INDIVIDUALS
• Applications by individuals against contracting states, alleging that the state violates their
rights under the European Convention on Human Rights, can be made by any person, non-
governmental organisation or group of individuals.
• Although the official languages of the Court are English and French applications may be
submitted in any one of the official languages of the contracting states.
• An application has to be made in writing and signed by the applicant or by the applicant's
representative.
• Once registered with the Court, the case is assigned to a judge rapporteur, which can make
the final decision that the case is inadmissible. A case may be inadmissible when it is
incompatible with the requirements of ratione materiae, ratione temporis or ratione
personae, or if the case cannot be proceeded with on formal grounds,
APPLICATIONS BY INDIVIDUALS
• If the rapporteur judge decides that the case can proceed, the case if referred to a
Chamber of the Court which communicates the case to the government of the state
against which the application is made, asking the government to present its observations
on the case.
• The Chamber of Court then deliberates and judges the case on its admissibility and its
merit.
• Cases which raise serious questions of interpretation and application of the European
Convention on Human Rights, a serious issue of general importance, or which may depart
from previous case law can be heard in the Grand Chamber if all parties to the case agree
to the Chamber of the Court relinquishing jurisdiction to the Grand Chamber.
• A panel of five judges decides whether the Grand Chamber accepts the referral
Other cases
Inter-state cases
Any contracting state to the European Convention on Human Rights can sue another
contracting state in the Court for alleged breaches of the Convention
Advisory opinion
The Committee of Ministers may, by majority vote, ask the Court to deliver an advisory
opinion on the interpretation of the European Convention on Human Rights, unless the
matter relates to the content and scope of fundamental rights which the Court already
considers
THANK YOU FOR YOUR
ATTENTION
Performed by 2nd year
student,
2 groups
Basarab Julia
