Chapter 3. The Council of Europe
3.2. THE COUNCIL OF EUROPE AND NATIONALITY
MATTERS: INSTRUMENTS, ACTORS AND TR ENDS
3.2.1. INTRODUCTION
The CoE is an international organization consisting of 47 states in Europe.491 It was founded
in 1949 and its start “inevitably bore the stamp of the immediate post-war years”, which
was visible in its clear focus on the establishment of rights and freedoms for individuals,
as well as economic recovery.492 The aim of the organization “is to achieve a greater unity
between its members for the purpose of safeguarding and realizing the ideals and principles
which are their common heritage and facilitating their economic and social progress”.493
Also, according to the Statute of the CoE, CoE members “must accept the principles of
the rule of law and of the enjoyment by all persons within its jurisdiction of human rights
and fundamental freedoms […]”494 – thus referring to some of the foundational values of
the CoE. Indeed, the CoE’s work today is divided into different strands495: human rights,
including promoting and protecting human rights, as well as social rights specifically;
democracy, with a focus on democratic governance and sustainable democratic societies;
and rule of law, considering justice, common standards and policies in this area, as well as
threats to the rule of law, such as corruption and cybercrime.
The CoE has different institutions and bodies that allow it to operate and “can be
described as a standard-setting organization, although these standards do not all have
a binding character. Over 200 international treaties, hundreds of recommendations and
policy guidelines provide precious advice to public authorities in a range of areas”.496
According to the Statute of the CoE, the aims of the organization
“shall be pursued through the organs of the Council by discussion of questions of common
concern and by agreements and common action in economic, social, cultural, scientific, legal
and administrative matters and in the maintenance and further realisation of human rights
and fundamental freedoms”.497
The CM can consider actions required to realize the aims of the CoE, either on
recommendation of the PACE or at its own initiative, which may lead to “the conclusion
of conventions or agreements and the adoption by governments of a common policy
with regard to particular matters”.498
491
492
493
494
495
496
497
498
See also para 1.4.4 on how ‘Europe’ is defi ned for the purposes of this research.
The Council of Europe: Structure, Aims and Achievements (Council of Europe Directorate of Press and
Information 1970) 47.
Art 1(a) Statute of the Council of Europe (Statute of the CoE, as amended, London, 1949, CETS No. 1).
Art 3 Statute of the CoE.
See also the CoE’s website: <https://www.coe.int/en/web/portal/home> accessed 24 May 2021.
Irena Guidikova, ‘General Introduction’ in Tanja EJ Kleinsorge, The Council of Europe (Kluwer
International 2019) §3, para 10.
Art 1(b) Statute of the CoE.
Art 15(a) Statute of the CoE. On the conclusion of CoE treaties, see also Jörg Polakiewicz, Treatymaking in the Council of Europe (Council of Europe Publishing 1999).
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