Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-04-19-Speech-4-400-000"
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"en.20120419.18.4-400-000"2
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"Madam President, honourable Members, Minister, the Commission is strongly committed to the EU’s rapid accession to the European Convention on Human Rights. In July 2010 the Commission opened technical negotiations on behalf of the Union with a group of fourteen experts appointed by the Steering Committee for Human Rights of the Council of Europe.
The draft accession agreement is based on five basic principles: accession will be neutral regarding the powers of the Union and its institutions; accession will preserve, as much as possible, the existing convention system; accession will be neutral regarding Member States’ obligations under the Convention; accession will not affect the autonomous interpretation of Union law; and accession will be on an equal footing with other parties to the Convention.
The agreement introduces a ‘co-respondent mechanism’ to apply where Member States implement Union law and where the applicant before the European Court of Human Rights challenges that law. In such cases the Union may participate in proceedings before the Court. If the Court concludes that there is a violation of the Convention, the Union will be bound by the judgment and must change its law.
The agreement also ensures the possibility of a prior involvement of the Court of Justice, allowing the European Court of Human Rights to assess the compatibility with the relevant Convention rights of the provision of Union law which is called into question.
The institutional rules of the accession agreement are very important. Firstly, a judge will be elected with respect to the Union at the European Court of Human Rights, with the same status and duties as the judges elected with respect to any other party to the European Convention of Human Rights. Secondly, the European Parliament will have the right to participate in electing all 48 European Court of Human Rights judges. Thirdly, the EU will have a voting right in the Committee of Ministers of the Council of Europe in Convention-related matters.
There will be adequate safeguards to ensure that the Committee of Ministers can effectively exercise its supervisory functions under the Convention, even when the EU and all Member States are obliged to vote in a coordinated manner.
Finally there will be a flat-rate Union financial contribution to the expenditure related to the functioning of the Convention, borne by the budget of the Council of Europe.
The results reached so far come very close to the position expressed by the European Parliament in its own-initiative report of 18 May 2010. Since September 2011, the draft accession agreement has been discussed by the special committee designated by the Council. Some Member States have requested changes to the draft agreement. Good progress has been made in solving the issues raised and I would like to thank the Polish and Danish Presidency for their work on this.
I would like to stress that the amendments envisaged preserve the overall architecture and balance of the draft accession agreement. The Commission, as the EU negotiator, will base itself on the orientations suggested by the special committee when negotiating the amendments to the draft agreement with the non-EU states of the Council of Europe."@en1
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