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The Council of Europe has provided the framework for the drafting of approximately 200 conventions and treaties covering virtually all areas of its cooperation and activities.
The Council of Europe has provided the framework for the drafting of approximately 200 conventions and treaties covering virtually all areas of its cooperation and activities.
Conventions adopted within the framework of the Council of Europe are approved by the Committee of Ministers by a two-thirds majority, provided that the majority also represents at least half of the member states. In order to become legally binding under international law, conventions must be signed and, in most cases, ratified in accordance with the constitutional procedures of the respective member states, typically through approval by national parliaments. Each convention specifies the number of ratifications required for its entry into force.
The Committee of Ministers has also adopted more than 1,000 recommendations addressed to member states. Recommendations are formally adopted by unanimity, although states may abstain from voting. At least half of the member states must vote in favour. Since 1994, it has been established practice that member states do not invoke the unanimity requirement where a recommendation enjoys the support of a two-thirds majority.
Many conventions and recommendations include provisions for monitoring compliance with member states’ obligations. In numerous cases, specific supervisory mechanisms have been established under the relevant convention. In addition, both the Committee of Ministers and the Parliamentary Assembly carry out broader monitoring activities. The Parliamentary Assembly determines which member states should be subject to monitoring procedures due to concerns regarding compliance with fundamental obligations, and it regularly debates progress reports on those countries. Separately, the Committee of Ministers monitors whether new member states fulfil the commitments undertaken upon accession, while also conducting thematic monitoring exercises across all member states.
With the exception of the Parliamentary Assembly, monitoring reports have traditionally been confidential unless the state concerned authorises their publication. In practice, publication has today become the general rule.
The purpose of the Council of Europe’s monitoring mechanisms is to ensure that identified shortcomings are addressed effectively. For many newer member states, achieving this requires external assistance and institutional support. The Council of Europe therefore provides extensive technical assistance and capacity-building programmes, including in countries such as Bosnia and Herzegovina, Serbia and Montenegro. It also maintains longer-term cooperation programmes in countries that joined during the 1990s, often in partnership with the European Commission through joint programmes. Examples include projects in Ukraine, Moldova, the South Caucasus, the Balkans and South Eastern Europe under the Stability Pact framework.
In several member states subject to extensive monitoring procedures, the Council of Europe maintains a local presence through information offices and field representations, particularly in parts of the former Soviet Union and the Balkans. Some of these offices are headed by representatives of the Secretary General.
The Council of Europe cooperates closely with other international organisations, most notably the European Union and the Organization for Security and Co-operation in Europe (OSCE). Technical assistance to emerging democracies is frequently delivered through joint initiatives with the European Commission. Another example is election observation, where members of the Parliamentary Assembly regularly participate in joint missions alongside the OSCE. At the Third Summit of Heads of State and Government in Warsaw in May 2005, member states agreed to strengthen cooperation between the Council of Europe, the EU and the OSCE. In 2007, a Memorandum of Understanding between the Council of Europe and the European Union was concluded and continues to guide cooperation today.
Through the case-law of the European Court of Human Rights, as well as through its conventions and other legal instruments, the Council of Europe plays a central role in developing common European standards across a wide range of policy areas. At the core of this work are the Organisation’s fundamental values: democracy, the rule of law and respect for human rights. Recent initiatives relating to areas such as artificial intelligence illustrate how the Council of Europe continues to address contemporary societal challenges and emerging technologies.