Eurimages is a cultural support fund of the Council of Europe , established in 1989 (35 years ago) ( 1989 ) . Eurimages promotes independent filmmaking by providing financial support to feature-length fiction, animation, and documentary films. In doing so, it encourages co-operation between professionals across Europe . Eurimages is headquartered in Strasbourg , France in the Agora building of the Council of Europe. The current Chairperson is Catherine Trautmann .
130-633: The fund was created in 1988 within the framework of the Council of Europe , as a Partial Agreement , under Committee of Ministers Resolution (88) 15, with an independent budget of 21M €. It includes 38 of the 46 member states of the Council of Europe, plus Argentina and Canada as associate members. Eurimages aims to promote the European film industry by encouraging the production and distribution of films and fostering co-operation between professionals. Eurimages has
260-490: A "Council of Europe" in a BBC radio broadcast on 21 March 1943, while the Second World War was still raging. In his own words, he tried to "peer through the mists of the future to the end of the war", and think about how to rebuild and maintain peace on a shattered continent. Given that Europe had been at the origin of two world wars, the creation of such a body would be, he suggested, "a stupendous business". He returned to
390-576: A "demise" of margin of appreciation). Narrowing margin of appreciation is a target of criticism for those who believe that the ECtHR should minimize its role, especially from the United Kingdom. Proponents of a stronger recognition of margin of appreciation cite local conceptions of human rights, specific to the context of each country and its culture, and the risk of handing down judgements that lack local cultural and grassroots legitimacy. Critics argue that
520-404: A Council of Europe Office on Cybercrime. There are also Council of Europe Offices in non-European capital cities like Rabat and Tunis. Additionally, there are 4 "Council of Europe Liaison Offices", this includes: There are two main criteria for membership: geographic (Article 4 of the Council of Europe Statute specifies that membership is open to any "European" State) and political (Article 3 of
650-568: A clear cultural aim and is complementary to the Media programme of the European Union , which has an industrial goal. Eurimages has four support schemes: feature film co-production, the promotion of co-production, theatrical distribution (to be suspended as from the 2020 cycle in its current form) and exhibition. Eurimages promotes independent filmmaking through a number of collaboration agreements with various festivals and film markets and has also adopted
780-465: A compromise with Russia in early 2018, a move that was criticised by some as giving in to alleged Russian pressure by Council members and academic observers, especially if voting sanctions were lifted. In June 2019, an approximately two-thirds majority of the Council voted (on a 118–62 vote, with 10 abstentions) to restore Russia's voting rights in the council. Opponents of lifting the suspension included Ukraine and other post-Soviet countries , such as
910-458: A dramatic leap forward for international justice. Today, this is the European Court of Human Rights , whose rulings are binding on 46 European nations, the most far-reaching system of international justice anywhere in the world. One of the council's first acts was to welcome West Germany into its fold on 2 May 1951, setting a pattern of post-war reconciliation that was to become a hallmark of
1040-569: A full member in 1951, and the Saar withdrew its application after it joined West Germany following the 1955 Saar Statute referendum . Joining later were Austria (1956), Cyprus (1961), Switzerland (1963), Malta (1965), and Portugal (1976). Spain joined in 1977, two years after the death of its dictator Francisco Franco and the Spanish transition to democracy . Next to join were Liechtenstein (1978), San Marino (1988) and Finland (1989). After
1170-626: A full-scale military invasion of Ukraine , the council suspended Russia for violations of the council's statute and the European Convention on Human Rights (ECHR). The suspension blocked Russia from participation in the council's ministerial council, the PACE, and the Council of the Baltic Sea States , but still left Russia obligated to follow the ECHR. On 15 March 2022, hours before the vote to expel
1300-572: A history of disregard for the principles of the Convention, Russia was expelled from the Council of Europe .) Other countries have also moved to restrict the binding nature of the ECtHR judgments, subject to the countries' own constitutional principles. In 2004, the Federal Constitutional Court of Germany ruled that judgements handed down by the ECtHR are not always binding on German courts. The Italian Constitutional Court also restricts
1430-595: A law declaring it legal to overrule judgements from the ECtHR, codifying an earlier Russian Constitutional Court decision which ruled that Russia could refuse to recognize an ECtHR decision if it conflicted with the Constitution of Russia , and in 2020 Russia made constitutional amendments stipulating that the Russian Constitution supersedes international law. (In March 2022, due to the Russian invasion of Ukraine and
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#17328727996981560-497: A legal requirement". After the preliminary finding of admissibility the court examines the case by hearing representations from both parties. The court may undertake any investigation it deems necessary on the facts or issues raised in the application and contracting states are required to provide the court with all necessary assistance for this purpose. The European Convention on Human Rights requires all hearings to be in public, unless there are exceptional circumstances justifying
1690-610: A member withdraws from the Council under Article 7. (The Statute does not define the "serious violation" phrase. Under Article 8 of the Statute, if a member state fails to withdraw upon request, the Committee may terminate its membership, in consultation with the PACE. The Council suspended Greece in 1967, after a military coup d'état , and the Greek junta withdrew from the CoE. Greece was readmitted to
1820-475: A month. They debated how to reconcile and reconstruct a continent still reeling from war, yet already facing a new East–West divide, launched the radical concept of a trans-national court to protect the basic human rights of every citizen, and took the first steps in a process that would eventually lead to the creation of an offshoot organisation, the European Union . In August 1949, Paul-Henri Spaak resigned as Belgium's foreign minister in order to be elected as
1950-786: A new Resource Centre on education for intercultural dialogue, human rights and democratic citizenship, operated in cooperation with the Norwegian Government, opened in Oslo , Norway , in February 2009. The Council of Europe has external offices all over the European continent and beyond. There are four 'Programme Offices', namely in Ankara, Podgorica, Skopje, and Venice. There are also 'Council of Europe Offices' in Baku, Belgrade, Chisinau, Kyiv, Paris, Pristina, Sarajevo, Tbilisi, Tirana, and Yerevan . Bucharest has
2080-427: A position to achieve his long-term goal of a unified Europe, he soon tried again in a new and more promising format, based this time on economic integration, becoming one of the founders of the European Union . There was huge enthusiasm for the Council of Europe in its early years, as its pioneers set about drafting what was to become the European Convention on Human Rights , a charter of individual rights which – it
2210-456: A public hearing, which is transmitted as a webcast on the ECHR site . After the public hearing, the judges deliberate. The court's chamber decides both issues regarding admissibility and merits of the case. Generally, both these issues are dealt with in the same judgment. In final judgments the court makes a declaration that a contracting state has violated the convention, and may order the contracting state to pay material and/or moral damages and
2340-415: A sharp increase in applications filed in the court. The efficiency of the court was threatened seriously by the large accumulation of pending applications. In 1999, 8,400 applications were allocated to be heard. In 2003, 27,200 cases were filed and the number pending rose to approximately 65,000. In 2005, the court opened 45,500 case files. In 2009, 57,200 applications were allocated, with 119,300 pending. At
2470-430: A sitting judge's term has expired or when a new state accedes to the convention. The retiring age of judges is 70, but they may continue to serve as judges until a new judge is elected or until the cases in which they sit have come to an end. Judges perform their duties in an individual capacity and are prohibited from having any institutional or similar ties with the state in respect of which they were elected. To ensure
2600-449: A status that allows them to participate in CoE activities without being full members. There are three types of nonmember status: associate member , special guest and observer . Associate member status was created for former Axis states which had not yet regained their sovereignty since their defeat in the Second World War; as such, it is no longer used, although there have been proposals to reactivate it to permit enhanced participation by
2730-485: A strategy to promote gender equality in the film industry. Awards presented by Eurimages include the Eurimages Audentia Award , an annual award presented at a different partner film festival each year to honour the best film by an emerging woman filmmaker in that festival's program. Member states include: Associate members include: On 26 February 2022, in the wake of the 2022 Russian invasion of Ukraine ,
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#17328727996982860-546: A violation in Neumeister v Austria (1968). The convention charges the court with ensuring the observance of the engagement undertaken by the contracting states in relation to the convention and its protocols, that is ensuring the enforcement and implementation of the European Convention in the member states of the Council of Europe. The European Court of Human Rights, which enforces the European Convention on Human Rights,
2990-456: Is distinct from the 27-nation European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original flag of Europe created by the Council of Europe in 1955, as well as the anthem of Europe . No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations observer . The jurisdiction of
3120-457: Is incompatibility with other functions. They cannot be revoked by their state of origin, but only by decision of their peers, taken by a two-thirds majority and for serious reasons. The court has jurisdiction amongst the member states of the Council of Europe which includes almost every country in Europe except for Belarus , Kazakhstan , Kosovo , Russia and Vatican City . The jurisdiction of
3250-422: Is necessary for the court to stay relevant and its rulings to adapt to the actual conditions, such interpretations are labeled overreach or judicial activism by critics. The Court uses the doctrine of margin of appreciation , referring to the member states' rights to set moral standards within reason. Over time, the court has narrowed the margin of appreciation (to the point, according to some commentators, of
3380-456: Is not institutionally related to the European Court of Human Rights: the two courts are related to distinct organizations. However, since all EU states are members of the Council of Europe and so are parties of the Convention on Human Rights, there are concerns about consistency in case law between the two courts. The CJEU refers to the case law of the European Court of Human Rights and treats
3510-503: Is the best known body of the Council of Europe. The Council of Europe (CoE) ( French : Conseil de l'Europe , CdE) is an international organisation founded in the wake of World War II to uphold human rights , democracy and the rule of law in Europe . Founded in 1949, it now has 46 member states, covering a population of approximately 700 million, and operates with an annual budget of approximately 500 million euros . The organisation
3640-456: 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." Membership is open to all European states who seek harmony, cooperation, good governance and human rights, accepting the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms. Whereas
3770-541: The Belgian Linguistic Case . Critics maintain that proportionality engenders largely subjective rulings: a judge's personal preferences and beliefs may color their perceptions of rights' relative importance. The Court has established certain formulas to ensure consistency across such decisions, but these guidelines cover only a small fraction of its case law. The Court of Justice of the European Union (CJEU)
3900-804: The Art Nouveau Villa Schutzenberger (seat of the European Audiovisual Observatory ) are in the Orangerie district, and the European Court of Human Rights , the EDQM and the Agora Building are in the Robertsau district. The Agora building has been voted "best international business centre real estate project of 2007" on 13 March 2008, at the MIPIM 2008. The European Youth Centre is located in
4030-459: The Baltic states , who argued that readmission amounted to normalizing Russia's malign activity. Supporters of restoring Russia's council rights included France and Germany, which argued that a Russian withdrawal from the council would be harmful because it would deprive Russian citizens of their ability to initiate cases in the European Court of Human Rights . On 3 March 2022, after Russia launched
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4160-562: The Committee of Ministers , which comprises the foreign ministers of each member state, and the Parliamentary Assembly of the Council of Europe (PACE), which is composed of members of the national parliaments of each member state. The Commissioner for Human Rights is an institution within the Council of Europe, mandated to promote awareness of and respect for human rights within the member states. The secretary general presides over
4290-508: The Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR) of 1953. Provisions from the convention are incorporated in domestic law in many participating countries. The best-known body of the Council of Europe is the European Court of Human Rights , which rules on alleged violations of the ECHR. The council's two statutory bodies are
4420-414: The European Convention on Human Rights , currently 46. The convention requires that judges be of "high moral character" and have qualifications suitable for high judicial office, or be jurists of recognised competence. Each judge is elected by majority vote in the Parliamentary Assembly of the Council of Europe from among three candidates nominated by each contracting state. Judges are elected whenever
4550-518: The European Court of Human Rights in Strasbourg. The Court supervises compliance with the European Convention on Human Rights and thus functions as the highest European court. It is to this court that Europeans can bring cases if they believe that a member country has violated their fundamental rights and freedoms. The various activities and achievements of the Council of Europe can be found in detail on its official website. The Council of Europe works in
4680-680: The European Treaty Series . Several conventions have also been opened for signature to non-member states. Important examples are the Convention on Cybercrime (signed for example, by Canada, Japan, South Africa and the United States), the Lisbon Recognition Convention on the recognition of study periods and degrees (signed for example, by Australia, Belarus, Canada, the Holy See , Israel, Kazakhstan, Kyrgyzstan, New Zealand and
4810-423: The European Union , which is separate from the Council of Europe, although they have shared the same European flag and anthem since the 1980s since they both work for European integration . Nor is the Council of Europe to be confused with the European Union itself. The Council of Europe is an entirely separate body from the European Union. It is not controlled by it. Cooperation between the European Union and
4940-644: The General Assembly of the United Nations approved a resolution on granting observer status to the Council of Europe which was proposed by several member states of the CoE. Currently, the Council of Europe holds observer status with the United Nations and is regularly represented in the UN General Assembly . It has organised the regional UN conferences against racism and on women. It co-operates with
5070-672: The Group of States Against Corruption (GRECO), the European Pharmacopoeia Commission and the North-South Centre . Invitations to sign and ratify relevant conventions of the Council of Europe on a case-by-case basis are sent to three groups of non-member entities: The Council of Europe is not to be confused with the Council of the European Union (the "Council of Ministers") or the European Council . These belong to
5200-598: The Holy See , Japan , Mexico , and the United States are observer states, while Israel is an observer to the PACE. Additionally Kosovo is a member of the Council of Europe Development Bank and a member of the Council of Europe's Venice Commission . The Assembly of Kosovo was invited to take part in the work of the Parliamentary Assembly of the Council of Europe and its committees as an observer in 2016. Two representatives of local government in Kosovo participate in
5330-515: The Strasbourg Court , is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg , France . The court
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5460-504: The Ukrainian Film Academy demanded that Russia , which joined Eurimages in 2011, be removed from the fund. The fund supports feature-length fiction, animation and documentary films of a minimum length of 70 minutes, intended for cinema release. A main condition of obtaining Eurimages support is that the project is an international co-production between at least two independent producers, established in different member states of
5590-463: The United Nations adopted the Universal Declaration of Human Rights , which aims to promote the universal recognition of rights set out therein, in order to strengthen the protection of human rights at the international level. While hugely important in setting a global standard for the first time, the declaration was essentially aspirational, and had no judicial enforcement mechanism. In 1949,
5720-600: The former Yugoslav Republic of Macedonia (1995) (later renamed North Macedonia ), Russia (1996, expelled 2022), Croatia (1996), Georgia (1999), Armenia (2001), Azerbaijan (2001), Bosnia and Herzegovina (2002), Serbia and Montenegro (later Serbia ) (2003) and Monaco (2004). The council now has 46 member states, with Montenegro (2007) being the latest to join. Although most Council members are predominantly Christian in heritage, there are four Muslim-majority member states: Bosnia and Herzegovina, Turkey, Albania, and Azerbaijan. The CoE has granted some countries
5850-403: The rule of law in Europe . Founded in 1949, it is Europe's oldest intergovernmental organisation, representing 46 member states, with a population of approximately 675 million as of 2023 ; it operates with an annual budget of approximately 500 million euros . The organisation is distinct from the European Union (EU), although people sometimes confuse the two organisations – partly because
5980-531: The text of the Convention "must be interpreted in the light of present-day conditions" rather than the intent of its framers . In Mamatkulov and Askarov v. Turkey (2008), the court emphasized that it "upholds individual rights as practical and effective, rather than theoretical and illusory protections". Another key part of the Court's interpretation is the 1969 Vienna Convention on the Law of Treaties . One area that
6110-665: The " Bosphorus Presumption ", a policy of conditional deference articulated in Bosphorus Hava Yollari Turizm ve Ticaret Anonim Sirketi v Ireland . Because the CJEU represents a "comparable" human rights enforcement mechanism, the ECtHR may presume "that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its [EU] membership." This presumption may be refuted in any particular instances where protections of Convention rights are "manifestly deficient." Most of
6240-634: The 500th meeting of the Ministers' Deputies. On 19 November 2003, the Committee of Ministers changed the consultative status into a participatory status, "considering that it is indispensable that the rules governing the relations between the Council of Europe and NGOs evolve to reflect the active participation of international non-governmental organisations (INGOs) in the Organisation's policy and work programme". European Court of Human Rights The European Court of Human Rights ( ECtHR ), also known as
6370-573: The Assembly extended eligibility to apply and be admitted to Armenia , Azerbaijan , and Georgia . The Council of Europe was founded on 5 May 1949 by Belgium , Denmark , France , Ireland , Italy , Luxembourg , Netherlands , Norway , Sweden and the United Kingdom . Greece and Turkey joined three months later. Iceland , West Germany and Saar Protectorate joined the Council of Europe as associate members in 1950. West Germany became
6500-822: The Caucasus, as well as some countries in the Southern Mediterranean region. The schools are part of the Education Department, which is part of the Directorate of Democratic Participation within the Directorate General of Democracy ("DGII") of the Council of Europe. Cooperation between the CoE and the UN started with the agreement signed by the Secretariats of these institutions on 15 December 1951. On 17 October 1989,
6630-469: The Convention on Human Rights as if it were part of the EU's legal system since it forms part of the legal principles of the EU member states. Even though its member states are party to the convention, the European Union itself is not a party, as it did not have competence to do so under previous treaties. However, EU institutions are bound under Article 6 of the EU Treaty of Nice to respect human rights under
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#17328727996986760-465: The Convention, on the basis of Protocol No. 16. This mechanism aims to foster dialogue between national courts and the ECtHR, thereby preempting Convention violations and minimizing the latter's caseload. Unlike preliminary references under EU law, advisory opinions may only be solicited by the "highest courts and tribunals" of a member state. Although Article 5 of Protocol No. 16 states that "Advisory opinions shall not be binding," they nonetheless enter
6890-449: The Convention. Despite the European Union's failure to accede to the Convention, the ECtHR has consistently held that member states are bound by ECHR guarantees even when executing and implementing EU law. Nevertheless, the Court has simultaneously sought to promote international cooperation and avoid interfering in internal Union affairs. It has balanced the conflicting aims of fostering European harmony and avoiding ECHR circumvention via
7020-414: The Council placing the institution under financial strain. Russia stated that its suspension by the council was unfair, and demanded the restoration of its voting rights. Russia had threatened to withdraw from the Council unless its voting rights were restored in time for the election of a new secretary general. European Council secretary-general Thorbjørn Jagland organized a special committee to find
7150-550: The Council instead under its exclusion mechanism rather than the withdrawal mechanism. After being excluded from the Council of Europe, Russia's former president and prime minister Dmitry Medvedev endorsed restoring the death penalty in Russia . The Council of Europe works mainly through international treaties, usually called conventions in its system. By drafting conventions or international treaties, common legal standards are set for its member states. The conventions are collected in
7280-467: The Council of Europe is in Strasbourg , France. First meetings were held in Strasbourg's University Palace in 1949, but the Council of Europe soon moved into its own buildings. The Council of Europe's eight main buildings are situated in the Quartier européen , an area in the northeast of Strasbourg spread over the three districts of Le Wacken, La Robertsau and Quartier de l'Orangerie, where are also located
7410-764: The Council of Europe was discussed at the Congress of Europe , which brought together several hundred leading politicians, government representatives and members of civil society in The Hague , Netherlands , in 1948. Responding to the conclusions of the Congress of Europe, the Consultative Council of the Treaty of Brussels convened a Committee for the Study of European Unity, which met eight times from November 1948 to January 1949 to draw up
7540-452: The Council of Europe was reinforced in the mid-2000s, notably on culture and education as well as on the international enforcement of justice and Human Rights. The European Union is expected to accede to the European Convention on Human Rights (the convention). There are also concerns about consistency in case law – the European Court of Justice (the EU's court in Luxembourg ) is treating
7670-462: The Council of Europe's creation in 1949 appeared online, the fruit of a two-year project entitled "Voices of Europe". At the time of its launch, the archive comprised 263 speeches delivered over a 70-year period by some 216 presidents, prime ministers, monarchs and religious leaders from 45 countries – though it continues to expand, as new speeches are added every few months. Some very early speeches by individuals considered to be "founding figures" of
7800-604: The ECtHR has chosen to only impose them in cases concerning imminent danger to life and limb. Such measures are often deployed to prevent extradition or expulsion to countries with inadequate human rights guarantees, whereas requests to prevent potentially damaging publications or property seizures seldom elicit similar responses. The court may award pecuniary or non-pecuniary damages , called "just satisfaction". The awards are typically small in comparison to verdicts by national courts and rarely exceed £1,000 plus legal costs. Non-pecuniary damages are more closely correlated to what
7930-458: The ECtHR's case law and may be enforced through later individual complaints if contravened. ECtHR rulings have erga omnes effects (that is, they are potentially binding on all member states), because the court "determines issues on public-policy grounds in the common interest, thereby extending human rights jurisprudence throughout the community of European Convention States", although erga omnes effect "is not regarded by all States Parties as
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#17328727996988060-495: The EHCR has claimed that such consensus exists even when objectively it did not, due to the judicial activism of its judges. It has been said that in failing to distinctly define how a consensus is reached reduces its legitimacy. Furthermore, as the ECtHR grows, the consensus between the members diminishes. However, the margin of appreciation doctrine has also come under sharp criticism from jurists and academics who say that it undermines
8190-473: The EU has adopted the original European flag , designed for the Council of Europe in 1955, as well as the European anthem . No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations observer . Unlike the EU, the Council of Europe cannot make binding laws; however, the council has produced a number of international treaties, including
8320-535: The European Union: different roles, shared values." Council of Europe conventions/treaties are also open for signature to non-member states, thus facilitating equal co-operation with countries outside Europe. The Council of Europe's most famous achievement is the European Convention on Human Rights , which was adopted in 1950 following a report by the PACE, and followed on from the United Nations ' Universal Declaration of Human Rights ' (UDHR). The Convention created
8450-455: The European institutions, even if they were not heads of state or government at the time, are also included (such as Sir Winston Churchill or Robert Schuman ). Addresses by eight monarchs appear in the list (such as King Juan Carlos I of Spain , King Albert II of Belgium and Grand Duke Henri of Luxembourg ) as well as the speeches given by religious figures (such as Pope John Paul II , and Pope Francis ) and several leaders from countries in
8580-458: The Fund, of which at least one is a member state of the Council of Europe. Co-producers from non-member states of the Fund may participate in the project provided that their combined co-production percentage does not exceed 30% of the total co-production budget. Other conditions of eligibility for projects applying for Eurimages support are: In order to receive Eurimages support, projects must comply with
8710-518: 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. Any contracting state to the European Convention on Human Rights can sue another contracting state in the court for alleged breaches of the convention, although in practice this is very rare. As of 2021 , five interstate cases have been decided by
8840-455: The Middle East and North Africa (such as Shimon Peres , Yasser Arafat , Hosni Mubarak , Léopold Sédar Senghor or King Hussein of Jordan ). The full text of the speeches is given in both English and French, regardless of the original language used. The archive is searchable by country, by name, and chronologically. Article 1(a) of the Statute states that "The aim of the Council of Europe
8970-411: The PACE, and the Congress of the Council of Europe also use German and Italian for some of their work. In a speech in 1929, French Foreign Minister Aristide Briand floated the idea of an organisation which would gather European nations together in a "federal union" to resolve common problems. The United Kingdom's wartime Prime Minister Winston Churchill first publicly suggested the creation of
9100-442: The Rules of Court. The president of the court, the two vice-presidents (also section presidents) and the three other section presidents are elected by the Plenary Court, Section presidents are elected by the Plenary Court, a formation made up of the 46 elected judges of the court. The mandate of the holders is for a renewable period of three years. They are renowned for their morality and competence. They must be independent and there
9230-430: The Statute states applying for membership must accept democratic values—"Every member of the Council of Europe must accept the principles of the rule of law and the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I"). Since "Europe" is not defined in international law,
9360-499: The United Nations at many levels, in particular in the areas of human rights, minorities, migration and counter-terrorism. In November 2016, the UN General Assembly adopted by consensus Resolution (A/Res/71/17) on Cooperation between the United Nations and the Council of Europe whereby it acknowledged the contribution of the Council of Europe to the protection and strengthening of human rights and fundamental freedoms, democracy and
9490-621: The United States), the Anti- doping Convention (signed, for example, by Australia, Belarus, Canada and Tunisia) and the Convention on the Conservation of European Wildlife and Natural Habitats (signed for example, by Burkina Faso, Morocco, Tunisia and Senegal as well as the European Community ). Non-member states also participate in several partial agreements, such as the Venice Commission ,
9620-745: The Wacken district. Besides its headquarters in Strasbourg, the Council of Europe is also present in other cities and countries. The Council of Europe Development Bank has its seat in Paris, the North-South Centre of the Council of Europe is established in Lisbon , Portugal , and the Centre for Modern Languages is in Graz , Austria . There are European Youth Centres in Budapest , Hungary , and in Strasbourg. The European Wergeland Centre,
9750-492: The applicability of ECtHR decisions. A 2016 book characterizes Austria , Belgium , Czechia , Germany , Italy , Poland , and Sweden to be mostly friendly to ECtHR judgements; France , Hungary , the Netherlands , Norway , Switzerland , and Turkey to be moderately critical; the United Kingdom to be strongly critical; and Russia to be openly hostile. In 2019, south Caucasus states were judged partially compliant in
9880-430: The applicant's representative. Once registered with the court, the case is assigned to a Judge Rapporteur , who can make a final decision on whether 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, such as non-exhaustion of domestic remedies, lapse of
10010-480: The backlog of pending cases by establishing the court and its judges as a full-time institution, by simplifying the procedure and reducing the length of proceedings. However, as the workload of the court continued to increase, the contracting states agreed that further reforms were necessary and in May 2004, the Council of Europe Committee of Ministers adopted Protocol 14 to the European Convention on Human Rights . Protocol 14
10140-455: The blueprint of a new broad-based European organisation. There were two competing schools of thought: some favoured a classical international organisation with representatives of governments, while others preferred a political forum with parliamentarians. Both approaches were finally combined through the creation of a Committee of Ministers (in which governments were represented) and a Consultative Assembly (in which parliaments were represented),
10270-411: The casting vote. Article 35 of the European Convention on Human Rights establishes as a precondition on referral to the European Court of Human Rights, the exhaustion of domestic remedies. This condition is the consequence of the subsidiary jurisdiction of the supranational court, which monitors the application of the convention and seeks to eradicate human rights violations. The applicant must establish
10400-606: The contracting parties to the European Convention on Human Rights have incorporated the convention into their own national legal systems, either through constitutional provision, statute or judicial decision. The ECtHR increasingly considers judicial dialogue with national courts to be a "high priority", especially when it comes to implementation of judgements. According to a 2012 study, the ECTtHR tends to justify its decisions with citations to its own case law in order to convince national courts to accept its rulings. In 2015, Russia adopted
10530-401: The contracting state to redress violations. Judgments by the court are binding on the respondent states concerned and states usually comply with the Court's judgments. Chambers decide cases by a majority. Any judge who has heard the case can attach to the judgment a separate opinion. This opinion can concur or dissent with the decision of the court. In case of a tie in voting, the president has
10660-731: The convention as part of the legal system of all EU member states in order to prevent conflict between its judgements and those of the European Court of Human Rights (the court in Strasbourg interpreting the convention). Protocol No. 14 of the convention is designed to allow the EU to accede to it and the EU Treaty of Lisbon contains a protocol binding the EU to join. The EU would thus be subject to its human rights law and external monitoring as its member states currently are. The Council of Europe Schools of Political Studies were established to train future generations of political, economic, social and cultural leaders in countries in transition. With
10790-414: The convention it has no jurisdiction to annul domestic laws or administrative practices which violate the convention. The Committee of Ministers of the Council of Europe is charged with supervising the execution of the court's judgments. The Committee of Ministers oversees the contracting states' changes to their national law in order that it is compatible with the convention, or individual measures taken by
10920-489: The convention. Furthermore, since the Treaty of Lisbon took effect on 1 December 2009, the EU is expected to sign the convention. That would mean that the Court of Justice is bound by the judicial precedents of the Court of Human Rights' case law and so is subject to its human rights law, which would avoid issues of conflicting case law between these two courts. In December 2014, the CJEU released Opinion 2/13 rejecting accession to
11050-438: The convention. The court's primary means of judicial interpretation is the living instrument doctrine , meaning that the Convention is interpreted in light of present-day conditions. International law scholars consider the ECtHR to be the most effective international human rights court in the world. Nevertheless, the court has faced challenges with verdicts not implemented by the contracting parties. On 10 December 1948,
11180-412: The council in 1974. Russia became a member of the Council of Europe in 1996. In 2014, after Russia annexed Crimea from Ukraine and supported separatists in eastern Ukraine , the Council stripped Russia of its voting rights in the PACE. In response, Russia began to boycott the Assembly in 2016, and beginning from 2017 ceased paying its annual membership dues of 32.6 million euros (US$ 37.1 million) to
11310-416: The council, and beginning a long process of "enlargement" which was to see the organisation grow from its original ten founding member states to the 46 nations that make up the Council of Europe today. Iceland had already joined in 1950, followed in 1956 by Austria, Cyprus in 1961, Switzerland in 1963 and Malta in 1965. In 2018, an archive of all speeches made to the PACE by heads of state or government since
11440-403: The country, Russia initiated a voluntary withdrawal procedure from the council. The Russian delegation planned to deliver its formal withdrawal on 31 December 2022, and announced its intent to denounce the ECHR. However, on the same day, the council's Committee of Ministers decided Russia's membership in the council would be terminated immediately, and determined that Russia had been excluded from
11570-471: The court become final three months after they are issued, unless a reference to the Grand Chamber for review or appeal has been made. If the panel of the Grand Chamber rejects the request for referral, the judgment of the chamber of the court becomes final. The Grand Chamber is made up of 17 judges: the court's president and vice-presidents, the section presidents and the national judge, together with other judges selected by drawing of lots. Grand Chambers include
11700-529: The court has been recognized to date by all 46 member states of the Council of Europe . On 1 November 1998, the court became a full-time institution and the European Commission of Human Rights , which used to decide on admissibility of applications, was abolished by Protocol 11. The accession of new states to the European Convention on Human Rights following the fall of the Berlin Wall in 1989 led to
11830-425: The court is generally divided into inter-state cases, applications by individuals against contracting states, and advisory opinions in accordance with Protocol No.2. Applications by individuals constitute the majority of cases heard by the court. A committee is constituted by three judges, chambers by seven judges, and a Grand Chamber by 17 judges. Applications by individuals against contracting states, alleging that
11960-430: The court: 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 has already considered. Since 2018, member states can similarly request advisory opinions on questions of principle concerning the interpretation or application of
12090-439: The current observer states. "Special guest" status was used as a transitional status for post-Soviet countries that wished to join the council after the fall of the Berlin Wall and is no longer commonly used. "Observer" status is for non-European nations who accept democracy, rule of law, and human rights, and wish to participate in Council initiatives. The United States became an observer state in 1995. Currently, Canada ,
12220-474: The definition of "Europe" has been a question that has recurred during the CoE's history. Turkey was admitted in 1950, although it is a transcontinental state that lies mostly in Asia, with a smaller portion in Europe. In 1994, the PACE adopted Recommendation 1247, which said that admission to the CoE should be "in principle open only to states whose national territory lies wholly or partly in Europe"; later, however,
12350-564: The fall of Communism with the Revolutions of 1989 and the collapse of the Soviet Union , the following countries in Europe joined: Hungary (1990), Poland (1991), Bulgaria (1992), Estonia (1993), Lithuania (1993), Slovenia (1993), the Czech Republic (1993), Slovakia (1993), Romania (1993), Andorra (1994), Latvia (1995), Moldova (1995), Albania (1995), Ukraine (1995),
12480-462: The first president of the assembly. Behind the scenes, he too had been quietly working towards the creation of the council, and played a key role in steering its early work. However, in December 1951, after nearly three years in the role, Spaak resigned in disappointment after the Assembly rejected proposals for a "European political authority". Convinced that the Council of Europe was never going to be in
12610-435: The following areas: The institutions of the Council of Europe are: The CoE system also includes a number of semi-autonomous structures known as " Partial Agreements ", some of which are also open to non-member states: Occasionally the Council of Europe organizes summits of the heads of state and government of its member states. Four summits have been held to date with the fourth concluding on 17 May 2023. The seat of
12740-801: The four buildings of the seat of the European Parliament in Strasbourg , the Arte headquarters and the seat of the International Institute of Human Rights . Building in the area started in 1949 with the predecessor of the Palais de l'Europe, the House of Europe (demolished in 1977), and came to a provisional end in 2007 with the opening of the New General Office Building, later named "Agora", in 2008. The Palais de l'Europe ( Palace of Europe ) and
12870-459: The four months from the last internal decision complained of, anonymity, substantial identity with a matter already submitted to the court, or with another procedure of international investigation. If the Judge Rapporteur decides that the case can proceed, the case is then referred to a chamber of the court which, unless it decides that the application is inadmissible, communicates the case to
13000-443: The government of the state against which the application is made, asking the government to present its observations on the case. The chamber of the court then deliberates and judges the case on its admissibility and its merits. Cases that 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
13130-412: The holding of a private hearing. In practice the majority of cases are heard in private following written pleadings. In confidential proceedings the court may assist both parties in securing a settlement, in which case the court monitors the compliance of the agreement with the convention. However, in many cases, a hearing is not held. The judgment of the Grand Chamber is final. Judgments by the chamber of
13260-553: The horrors of war – or the human rights violations of the Nazi regime – could never again be visited on the continent, others came to see it as a "club of democracies", built around a set of common values that could stand as a bulwark against totalitarian states belonging to the Eastern Bloc . Others again saw it as a nascent "United States of Europe", the resonant phrase that Churchill had reached for at Zurich in 1946. The future structure of
13390-513: The idea during a well-known speech at the University of Zurich on 19 September 1946, throwing the full weight of his considerable post-war prestige behind it. Additionally, there were also many other statesmen and politicians across the continent, many of them members of the European Movement , who were quietly working towards the creation of the council. Some regarded it as a guarantee that
13520-552: The inability of the national courts to remedy the breaches, by exercising the appropriate remedies effective and adequate, and in substance alleging a violation of the Convention. Rule 39 of the Rules of the Court permits the ECtHR to "indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings." Interim measures are binding and afford litigants temporary protections on an expedited basis, although
13650-429: The independence of the court, judges are not allowed to participate in activity that may compromise the court's independence. Judges cannot hear or decide a case if they have a familial or professional relationship with a party. A judge can be dismissed from office only if the other judges decide, by a two-thirds majority, that the judge has ceased to fulfil the required conditions. Judges enjoy, during their term as judges,
13780-428: The legal basis for the existence and work of NGOs in Europe. Article 11 of the European Convention on Human Rights protects the right to freedom of association, which is also a fundamental norm for NGOs. The rules for consultative status for INGOs appended to the resolution (93)38 "On relation between the Council of Europe and non-governmental organisations ", adopted by the Committee of Ministers on 18 October 1993 at
13910-403: The legal expenses incurred in domestic courts and the court in bringing the case. The court's judgments are public and must contain reasons justifying the decision. Article 46 of the convention provides that contracting states undertake to abide by the court's final decision. On the other hand, advisory opinions are, by definition, non-binding. The court has to date decided consistently that under
14040-403: The legislation if the countries concerned, the bilateral treaties in force between the co-producing countries or, where applicable, with the European Convention on Cinematographic Coproduction or Council of Europe Convention on Cinematographic Co-production (revised). Eurimages provides a conditionally reimbursable interest-free loan. Financial support shall not exceed 17% (25% for documentaries) of
14170-587: The living instrument doctrine has changed ECtHR jurisprudence over time is with regard to differential treatment exclusively based on ethnicity , gender, religion, or sexual orientation , which it is increasingly likely to label unjustified discrimination . In addition, with the proliferation of alternative family arrangements, the court has expanded its definition of family under Article 8, for example to same-sex couples , as in Oliari and Others v Italy (2015). Although defenders argue that living instrument doctrine
14300-483: The member states of the European Union transfer part of their national legislative and executive powers to the European Commission and the European Parliament , Council of Europe member states maintain their sovereignty but commit themselves through conventions/treaties ( international law ) and co-operate on the basis of common values and common political decisions. Those conventions and decisions are developed by
14430-432: The member states working together at the Council of Europe. Both organisations function as concentric circles around the common foundations for European cooperation and harmony, with the Council of Europe being the geographically wider circle. The European Union could be seen as the smaller circle with a much higher level of integration through the transfer of powers from the national to the EU level. "The Council of Europe and
14560-483: The participation of national and international experts, they run annual series of seminars and conferences on topics such as European integration, democracy, human rights, the rule of law and globalisation. The first School of Political Studies was created in Moscow in 1992. By 2020, 20 other schools had been set up along the same lines, forming an association; a network covering the whole of Eastern and South-Eastern Europe and
14690-446: The principle of "emerging consensus" of the member states on which the ECtHR operates is fundamentally flawed, because such a consensus often relies on trends, and historically in many instances social and political consensus was retrospectively acknowledged to have been wrong. Such an approach is accused of risking stigmatisation and coercion of the few dissenting countries, encouraging a pack mentality . Furthermore, critics argue that
14820-499: The privileges and immunities provided for in Article 40 of the Statute of the Council of Europe . The European Court of Human Rights is assisted by a registry made up of around 640 agents, of which a little less than half of lawyers divided into 31 sections. The registry carries out preparatory work for the judges., and performs the communication activities of the court, with the applicants,
14950-464: The public and the press. The registrar and the deputy registrar are elected by the Plenary Court. The plenary court is an assembly of all of the court's judges. It has no judicial functions. It elects the court's president, vice-president, registrar and deputy registrar. It also deals with administrative matters, discipline, working methods, reforms, the establishment of Chambers and the adoption of
15080-589: The rule of law, welcomed the ongoing co-operation in a variety of fields. Non-governmental organisations (NGOs) can participate in the INGOs Conference of the Council of Europe and become observers to inter-governmental committees of experts. The Council of Europe drafted the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations in 1986, which sets
15210-572: The rule of law. It was signed in London on that day by ten states: Belgium , Denmark , France , Ireland , Italy , Luxembourg , the Netherlands , Norway , Sweden and the United Kingdom , though Turkey and Greece joined three months later. On 10 August 1949, 100 members of the council's Consultative Assembly, parliamentarians drawn from the twelve member nations, met in Strasbourg for its first plenary session, held over 18 sittings and lasting nearly
15340-528: The secretariat of the organisation. Other major CoE bodies include the European Directorate for the Quality of Medicines & HealthCare (EDQM) and the European Audiovisual Observatory . The headquarters of the Council of Europe, as well as its Court of Human Rights, are situated in Strasbourg , France . The Council uses English and French as its two official languages . The Committee of Ministers,
15470-409: The state can afford to pay than the specific harm suffered by the complainant. In some cases, repeated patterns of human rights violations lead to higher awards in an effort to punish the responsible state, but paradoxically in other cases they lead to lower awards, or the cases being struck entirely. The court's primary method of judicial interpretation is living instrument doctrine , meaning that
15600-403: The state violated 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
15730-423: The time, more than 90 per cent of applications were declared to be inadmissible, and the majority of cases decided—around 60 per cent of the decisions by the court—related to what is termed repetitive cases : where the court has already delivered judgment finding a violation of the European Convention on Human Rights or where well established case law exists on a similar case. Protocol 11 was designed to deal with
15860-414: The total production cost of the film and shall in no event be superior to €500,000. The loan is reimbursed from the first € of each co-producer’s net receipts - at the rate of the percentage of Eurimages support. Council of Europe The Council of Europe ( CoE ; French : Conseil de l'Europe , CdE ) is an international organisation with the goal of upholding human rights , democracy and
15990-455: The twelve member states of the newly created Council of Europe began work on the European Convention on Human Rights , drawing inspiration from the rights already set out in the Declaration, but with the crucial difference that—for the European countries which chose to sign up to it—there would be a judicial mechanism to ensure that they respected the basic rights of their citizens. The court
16120-483: The two main bodies mentioned in the Statute of the Council of Europe. This dual intergovernmental and inter-parliamentary structure was later copied for the European Communities , NATO and OSCE . The Council of Europe was signed into existence on 5 May 1949 by the Treaty of London , the organisation's founding Statute which set out the three basic values that should guide its work: democracy, human rights and
16250-464: The universal nature of human rights. Proportionality analysis governs much of the Court's jurisprudence. The guarantees of ECHR Articles 8, 9, 10, and 11 are subject to whatever limitations may be "necessary in a democratic society," citing factors including national security, public safety, health and morals, and the rights and freedoms of others. Such conditions require the balancing of individual rights and community interests, as first articulated in
16380-405: The work of the Congress of Local and Regional Authorities as observers. The Statute of the Council of Europe provides for the voluntary suspension, involuntary suspension, and exclusion of members. Article 8 of the Statute provides that any member who has "seriously violated" Article 3 may be suspended from its rights of representation, and that the Committee of Ministers may request that such
16510-412: Was drafted with the aim of reducing the workload of the court and that of the Committee of Ministers of the Council of Europe, which supervises the execution of judgments, so that the court could focus on cases that raise important human rights issues. Judges are elected for a non-renewable nine-year term. The number of full-time judges sitting in the court is equal to the number of contracting states to
16640-451: Was established in 1959 and decided its first case in 1960 in Lawless v. Ireland . An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to
16770-417: Was established on 21 January 1959 on the basis of Article 19 of the European Convention on Human Rights when its first members were elected by the Parliamentary Assembly of the Council of Europe . Initially, access to the court was restricted by the European Commission of Human Rights , abolished in 1998. The court kept a low profile during its first years and did not accumulate much case law, first finding
16900-526: Was hoped – no member government could ever again violate. They drew, in part, on the tenets of the Universal Declaration of Human Rights , signed only a few months earlier in Paris. But crucially, where the Universal Declaration was essentially aspirational, the European Convention from the beginning featured an enforcement mechanism – an international Court – which was to adjudicate on alleged violations of its articles and to hold governments to account,
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