Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.

The Council of Europe, the oldest European organisation, was founded in 1949 with the aim of unifying the continent as a whole. The decision to establish its headquarters in Strasbourg was, moreover, symbolic of the desire for reconciliation between peoples. From the outset the Council of Europe adopted an institutional structure comprising a committee of ministers and a parliamentary assembly - the first in Europe. This book retraces the history of the Organisation. Consisting initially of Western European states, the Council of Europe was destined to embrace all the continent's countries, but the Cold War delayed its enlargement. It is only since 1989 that the Council of Europe has become a truly pan-European organisation, now comprising 47 member states. Its mission is based on three major goals: protecting human rights, promoting democratic values and guaranteeing the rule of law. The Council of Europe is also very active in fostering co-operation in all areas of life: education, sport, culture, etc. Starting in 1959, the European Court of Human Rights grew to become the Organisation's flagship institution: its judgments are binding on the member states. As an intergovernmental organisation, the Council of Europe has had to contend with the growth of the European Union and has sought constantly to redefine its role in international relations. In these early years of the 21st century, will it succeed in securing a key position in the European institutional architecture?

Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.

The Council of Europe (CoE) has played a central but neglected role in the definition of Irish attitudes to European integration. Ireland was a founder member of the Council in 1949 and participation in the work of the Council changed Irish attitudes towards broader European integration by demonstrating to politicians and officials the benefits and challenges of collective European action. This book explores the differing views of politicians on European integration and examines the changing opinions of Irish academics, businessmen, civil servants and diplomats from the late 1940s to the early 1960s.

Analyzes procedures for treaty-making & treaty application in the Council of Europe

Democratic security is an old idea, based on the argument that democracies rarely, if ever, go to war with each other. Democratic practices equally protect states from internal strife. Democratic security is a responsibility which all nations share. This second annual report on the state of democracy, human rights and the rule of law in Europe assesses the capacities of the member states to guarantee and enhance democratic security within their borders and, collectively, across the continent. It measures the extent to which the Council of Europe’s 47 member states are able to make the five pillars of democratic security a reality, namely: an efficient and independent judiciary, freedom of expression, freedom of assembly and association, the functioning of democratic institutions, and inclusive society and democratic citizenship. The report also draws on the Council of Europe’s capacity to monitor and evaluate performance in terms of democracy, human rights and rule of law and to identify remedies for shortcomings and provide assistance in their implementation.