14 Cooperation between EU Fundamental
Rights Agency and Council of Europe
| (28903)
12668/07
COM(07) 478
| Draft Council Decision relating to the conclusion of an agreement between the European Community and the Council of Europe on cooperation between the European Union Agency for Fundamental Rights and the Council of Europe
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| Legal base | Article 300 EC; consultation; unanimity
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| Document originated | 21 August 2007
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| Deposited in Parliament | 11 September 2007
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| Department | Ministry of Justice
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| Basis of consideration | Minister's letter of 31 July and EM of 1 October 2007
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| Previous Committee Report | None; but see (27961) HC 34-xlii (2005-06) para 1 (7 November 2006); (26699) HC 34-xl (2005-06), para 1 (1 November 2006)
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared
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Background
14.1 The European Union Agency for Fundamental Rights was established
by Council Regulation (EC) No 168/2007 of 15 February 2007.[30]
The adoption of this Regulation followed the decision by the European
Council on 12-13 December 2003 that the mandate of the European
Monitoring Centre on Racism and Xenophobia should be extended
so as "to make it a Human Rights Agency".
14.2 The objective of the Agency is to "provide
the relevant institutions, bodies, offices and agencies of the
Community and its Member States when implementing Community law
with assistance and expertise relating to fundamental rights in
order to support them when they take measures or formulate courses
of action within their respective spheres of competence to fully
respect fundamental rights" (Article 2 of Regulation (EC)
No 168/2007).
14.3 In our consideration of the draft Regulation
we and our predecessors drew attention to the risk that the proposed
institution might duplicate the work of the institutions of the
Council of Europe under the European Convention on Human Rights
(ECHR).
The Minister's letter
14.4 In his letter of 31 July the Minister of State
at the Ministry of Justice (Michael Wills) informs us that the
Management Board of the Agency has now been established, and that
an independent member and alternate (Marie Staunton and Sarah
Cooke OBE) have been appointed from the UK. The Council of Europe
has also nominated an independent member and alternate. The Minister
also explained that the Council had instructed the Commission
to negotiate a cooperation agreement with the Council of Europe.
The draft Council Decision
14.5 The draft Council Decision is intended to approve
the terms of the cooperation agreement negotiated with the Council
of Europe. The agreement provides for regular contact and consultation
between the Director of the Fundamental Rights Agency and the
Secretariat of the Council of Europe, for mutual participation
in meetings, exchanges of information and for account to be taken
of the judgments of the European Court of Human Rights, as well
as the appointment of an independent person by the Council of
Europe to the Management Board of the Agency.
The Government's view
14.6 In his Explanatory Memorandum of 1 October 2007
the Minister of State at the Ministry of Justice (Michael Wills)
explains that the cooperation agreement "is one of the means
to ensure complementarity and to avoid any overlap between the
activities of the Agency and those of the Council of Europe".
14.7 The Minister also comments that, "in addition
to the mechanisms set out in the co-operation agreement, the Agency
will avoid duplication with the Council of Europe by confining
its activities to the first pillar (Community law) and by limiting
its geographical scope to the EU, candidate countries, and potential
candidate countries (Albania, Bosnia-Herzegovina, Montenegro,
Serbia) to the extent of the need to harmonise their domestic
legislation with Community law."
Conclusion
14.8 Given our previous concern over the risk
of duplication by the Agency of the work of the Council of Europe,
we welcome this cooperation agreement.
14.9 We now clear the document.
30 OJ No. L 53, 22.02.07, p.1. Back
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