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Council of Europe

Every country which joins the Council of Europe agrees to be subject to independent monitoring mechanisms which assess its compliance with human rights and democratic practices. One example is the Council of Europe's Committee for the Prevention of Torture, which regularly makes unannounced visits to places of detention in the 47 member states (prisons, police stations, holding centres for foreign nationals) in order to evaluate the way in which people deprived of their liberty are treated.

For its part, the European Committee of Social Rights verifies that the rights to housing, health, education, employment and freedom of movement guaranteed by the European Social Charter are implemented by the countries concerned. Another example is the Group of States against Corruption (Greco), which identifies deficiencies in national anti-corruption policies and encourages states to carry out the necessary legislative, institutional or administrative reforms. Its evaluation is based on the relevant Council of Europe conventions.

The case-law of the European Court of Human Rights affords the press extremely wide-ranging protection, especially where the confidential nature of journalists' sources is concerned. According to the Court, the absence of such protection could deter sources from helping the press to keep people informed about matters of public interest.

The Council of Europe is an international organisation in Strasbourg which comprises 47 countries of Europe. It was set up to promote democracy and protect human rights and the rule of law in Europe. It is unrelated to the European Council, the institution of the European Union consisting of the heads of state or government from the member states together with the President of the European Commission, for the purpose of planning Union policy. The European Union (EU) had 28 members as of 2018 that have delegated some of their sovereignty so that decisions on specific matters of joint interest can be made democratically at European level.

The Secretary General is elected by the Parliamentary Assembly for a five-year term at the head of the Organisation. He is responsible for the strategic planning and direction of the Council's work programme and budget. He leads and represents the Organisation. The Deputy Secretary General is also elected for a five-year term by the Parliamentary Assembly, in an election separate to the one held for the Secretary General. The Committee of Ministers is the Council's decision-making body and is made up of the ministers of foreign affairs of each member state or their permanent diplomatic representatives in Strasbourg. The Committee of Ministers decides Council of Europe policy and approves its budget and programme of activities. Parliamentary Assembly of the Council of Europe [PACE] is the deliberative body of the Council of Europe, composed of 318 representatives (and the same number of substitutes) appointed by the 47 member states' national parliaments. It is unrelated to the European Parliament, the parliamentary body of the European Union which comprises 766 European Members of Parliament of the 28 European Union countries, elected by universal suffrage. The Parliamentary Assembly elects the Secretary General, the Human Rights Commissioner and the judges to the European Court of Human Rights; it provides a democratic forum for debate and monitors elections; its committees play an important role in examining current issues.

European Court of Human Rights, based in Strasbourg, is the only truly judicial organ established by the European Convention on Human Rights. It is 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. This Council of Europe agency is unrelated to the International Court of Justice, the judicial body of the United Nations, which is based in The Hague. And it is unrelated to the Court of Justice of the European Union, based in Luxembourg, which ensures compliance with the law in the interpretation and application of the European Treaties of the European Union.

PACE meets four times a year for week-long plenary sessions in Strasbourg. The 324 representatives and 324 substitutes are appointed by national parliaments from among their members. The parliament of each country sends a delegation of between two and eighteen representatives, depending on the country's population, which must reflect the balance of political forces in the parliament. Under current rules, at least one representative must also be a woman. The Assembly currently has six political groups, ranging across the political spectrum, and a number of members who belong to none.

Following a debate and voting, the Assembly adopts three types of text:

1. Recommendations – these are addressed to the Committee of Ministers
2. Resolutions – expressions of its own viewpoint
3. Opinions – on membership applications, draft treaties or other issues referred to it

A motion on a particular topic is tabled by a group of members and, if approved, referred to a committee. The committee appoints a rapporteur, who – usually after visits or hearings – prepares a report which is first discussed by the committee. The Assembly debates the report and may amend the draft text or texts in it before voting to adopt or reject them.

Through their advisory and observation activities, the Parliamentary Assembly of the Council of Europe and some other European institutions, such as the OSCE, help to guarantee democratic, free and fair elections throughout the continent. The Congress of Local and Regional Authorities periodically observes local and regional elections in the Council of Europe's 47 member states. Its observation missions cover the whole electoral process and complement its activities in monitoring the European Charter of Local Self-Government. Furthermore, in order to improve the proper conduct of elections, the Council of Europe draws up programmes of assistance for fundamental reform of electoral legislation, for the drawing up of electoral rolls and for the training of national observers and election officials.

The Council of Europe voted to return Russia's voting rights on 24 June 2019, a decision supported by France and Germany that created major diplomatic turmoil for an institution already facing a delicate financial situation. Five years after its suspension due to its annexation of Crimea from Ukraine, Russia was reintegrated into the Council of Europe, Europe's oldest political body, which aims to uphold human rights, democracy and the rule of law across the continent. The Plenary Assembly of the countil (PACE) voted on new operating rules to enable Russia’s rights to be restored.In 2014, Russia had its voting rights suspended, among other sanctions.

The return of Russia to the Council of Europe, which generated both surprise and discontent, can be read as a "double message", according to Tatiana Kastouéva-Jean, researcher and director of the IFRI Russia/NIS Centre, speaking with FRANCE 24. "On the one hand, it would be very damaging to deprive Russian citizens of an opportunity to appeal to the European Court of Human Rights. This is particularly important for a country where we know that justice is not free and relies on the executive branch," she explained. "On the other hand, the Council of Europe is giving everything away without any concessions from Russia in this matter. It sends a negative message to several other countries: the Baltic States, Poland and of course Ukraine."

Russia’s return was certainly not accepted by all members. Ukraine's representatives walked out in protest. A joint statement by a number of delegates from states threatened by Russia stated "The unconditional restoration of the Russian delegation’s rights, without the Russian Federation honouring any of the Parliamentary Assembly’s numerous demands, runs counter to the core values of the Council of Europe and its Statute. This step sends a very wrong signal to the country that has resorted to armed aggression, poisoning of individuals, does not observe human rights of its citizens and does not promote, but rather seeks to destabilise democracies throughout Europe."

Russia's return to PACE marks a turning point for Ukraine, which it perceives as a betrayal by the institution and a change in Russia’s relations with the European Union. "Vladimir Putin has gambled on strategic patience" in terms of his relationships with European states, according to Kastouéva-Jean. “This decision sends the message, 'We take sanctions and, five years later, we forget about them and turn a new page'. It serves to reinforce Russia’s position."

Russia specialist Jean-Christophe Romer suggested that this "may have something to do with the fact that Europe needs Russia in order to face the United States". "In the face of the uncertainty generated by current American policies, perhaps the major European powers are saying to themselves that they need a Russian counterweight."