tering Human Rights among European Policies EU engagement with other European regional organisations Anna-Luise Chané, Agata Hauser, Jakub Jaraczewski, Władysław Jóźwicki, Zdzisław Kędzia, Michaela Anna Šimáková, Hanna Suchocka, Stuart Wallace 30 April 2016 Fostering Human Rights among European Policies Large-Scale FP7 Collaborative Project GA No. 320000 1 May 2013-30 April 2017 EU engagement with other European regional organisations Work Package No. 5 – Deliverable No. 2 Due date 30 April 2016 Submission date 30 April 2016 Dissemination level PU Lead Beneficiary Adam Mickiewicz University Authors Anna-Luise Chané, Agata Hauser, Jakub Jaraczewski, Władysław Jóźwicki, Zdzisław Kędzia, Michaela Anna Šimáková, Hanna Suchocka, Stuart Wallace http://www.fp7-frame.eu doi.org/20.500.11825/86 FRAME Deliverable No. 5.2 Acknowledgements The research leading to these results has received funding from the European Commission’s Seventh Framework Programme (FP7/2007-2013) under the Grant Agreement FRAME (project n° 320000). The research carried out at Adam Mickiewicz University was funded domestically from the AMU budget and funds for international co-financed projects for the years 2014-2017 issued by the Polish Ministry of Science and Higher Education, agreement no. 3156/7.PR/2014/2. The authors are grateful to Katharina Häusler, Karin Lukas and Monika Mayrhofer from Ludwig Boltzmann Institute for Human Rights (Vienna) and Eva Maria Lassen from Danish Institute for Human Rights (Copenhagen) as well as other colleagues from both aforementioned institutions for their insightful comments on earlier versions of this report. All errors of course remain the authors’ own. The authors are equally thankful to the European Union, the Council of Europe, the Organization for Security and Co-operation in Europe, EU Member States and third states officials and other human rights scholars and practitioners who agreed to share their expertise with a view to this report. The authors would like to thanks Ms. Iwona Grenda and Dr. Stuart Wallace for their invaluable assistance in editing the report. i FRAME Deliverable No. 5.2 Executive Summary This deliverable of Work Package 5 presents the outcome of the analysis and critical assessment of EU human rights engagement with other European regional organisations. Cooperation between the European Union and the Council of Europe has become more systematic, in particular in the framework of the Memorandum of Understanding signed in 2007. This document inter alia identifies shared priorities and focal areas of cooperation among which are listed human rights and fundamental freedoms; rule of law and legal co-operation; democracy and good governance; democratic stability; intercultural dialogue and cultural diversity; education, youth and promotion of human contacts; and social cohesion. In the light of the Lisbon Treaty, including the new legal status of the Charter of Fundamental Rights and the commitment to ratify the European Convention on Human Rights, cooperation between the EU and the system of human rights protection established within the CoE should be significantly enhanced. However, the road leading up to the accession to the European Convention may be more difficult than expected as has been indicated by the Opinion 2/13 of the CJEU on the Draft Accession Agreement, adopted on 18 December 2014. In the case of the OSCE, although the role of the EU has never been formally defined in details, the EU participation in the work of OSCE bodies has been recognized by the established practice and formalised by the Rules of Procedure of the organisation adopted in 2006. The EU attaches particular importance to co-operation with the OSCE on security-related matters and conflict prevention in Europe. The report consists of four chapters. The first chapter presents the aims of the report as well as methodology of the research. It also explains the basic conceptual framework of the deliverable. The second chapter is devoted to the cooperation of the European Union with the Council of Europe. In particular, the authors of the report analyse the Memorandum of Understanding between the European Union and the Council of Europe, EU’s policy documents and the issue of the rapprochement of the human rights protection systems of these two organisations. It also tackles the issue of common human rights standards. The third chapter presents the issue of the European Union’s cooperation with the Organisation for Security and Cooperation in Europe. It explains the position of the EU vis-à-vis the OSCE and it presents the EU’s substantive human rights goals and objectives. The authors of the report have also analysed the issue of common human rights standards and the EU’s engagement in and support for the OSCE human rights activities. The report is supplemented by four case studies related to: 1. The role of Venice Commission ’Democracy through Law‘ and its cooperation with the European Union; 2. The legal influence of the ECHR on the EU in case of the right to an effective remedy and right to fair trial; 3. Joint Programme – Peer to Peer II, and 4. The EU’s external human rights policy in view of crisis at the EU’s doorstep: towards a gradual division of labour between EU-OSCE in Ukraine. The fourth and final chapter presents the conclusions of the research. The report seeks not only to advance existing scholarship on the topic, but also to create a broad knowledge base for future research. ii FRAME Deliverable No. 5.2 List of abbreviations AL Arab League AMU Adam Mickiewicz University AP Action Plan APT Association for the Prevention of Torture Art. Article AS/Jur Committee on Legal Affairs and Human Rights ASEAN Association of Southeast Asian Nations AU African Union CDDH Steering Committee for Human Rights CDMSI Steering Committee on Media and Information Society CEE Central and Eastern Europe CF FRONTEX Consultative Forum on Fundamental Rights CFI Court of First Instance CFREU Charter of Fundamental Rights of the European Union CFSP Common Foreign and Security Policy Ch Chapter CIA Central Intelligence Agency CiO Chairperson-in-Office CIVEX Commission for Citizenship, Governance, Institutional and External Affairs CJEU Court of Justice of the European Union CoE Council of Europe COHOM Working Party for Human Rights of the Council of the European Union CoM Committee of Ministers CONUN Working Party for United Nations of the Council of the European Union CoR Committee of Regions COREPER Permanent Representatives Committee COSCE Working Party for CoE and OSCE of the Council of the European Union CPT Committee for Prevention of Torture CRPD UN Convention on the rights of persons with disabilities CSCE Conference for Security and Co-operation in Europe CSDP Common Security and Defence Policy CSO Civil society organisation CSR Corporate Social Responsibility DAA Draft Accession Agreement DCI-ASIE Investment facility for Central Asia DCI-ENV Technical Assistance Facility for the 'Sustainable energy for all' Initiative DCI-NSA Technical Assistance Facility for Non-State Actors DG DEVCO Directorate-General for International Cooperation and Development DG EAC Directorate-General for Education and Culture DG EMPL Directorate-General for Employment, Social Affairs & Inclusion DG ENLARG Directorate-General for Enlargement DG HOME Directorate-General for Migration and Home Affairs iii FRAME Deliverable No. 5.2 DG IND Directorate-General for Enterprise and Industry DG JUST Directorate-General for Justice and Consumers DG NEAR Directorate-General for Neighbourhood and Enlargement Negotiations DG RELEX Directorate-General for External Relations DiO Directorate of Internal Oversight Doc Document DoP Declaration of Principles for International Election Observations DROI European Parliament Subcommittee on Human Rights EaP Eastern Partnership EAW European Arrest Warrant ECHR European Convention on Human Rights ECJ European Court of Justice ECRI European Commission against Racism and Intolerance ECSR European Committee of Social Rights ECtHR European Court of Human Rights Ed/eds Editor/editors EEA European Economic Area EEAS European External Action Service EEC European Economic Community EIDHR European Instrument for Democracy and Human Rights ENP European Neighbourhood Policy ENPI European Neighbourhood and Partnership Instrument EP European Parliament ESC European Social Charter ESCR Economic, Social and Cultural Rights ESDP European Security and Defense Policy ESS European Security Strategy EU European Union EUAM European Union Advisory Mission Ukraine EUDEL European Union Delegation EULEX EU Rule of Law Mission to Kosovo EUMC European Monitoring Centre on Racism and Xenophobia EUSR EU Special Representative for Human Rights FAA Framework Administrative Agreement FAC Foreign Affairs Council fn Footone FRA EU Agency for Fundamental Rights FRAME Fostering Human Rights Among European (Internal and External) Policies FREMP Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons of the Council of the European Union FRONTEX European Agency for the Management of Operational Cooperation at the External Borders FSC Forum for Security Co-operation FYROM ‘Former Yugoslav Republic of Macedonia’ GGS Leuven Centre for Global Governance Studies iv FRAME Deliverable No. 5.2 GRECO Group of States against corruption GRETA Group of Experts on Action against Trafficking in Human Beings GREVIO Group of experts on action against violence against women and domestic violence HCNM High Commissioner on National Minorities HDIM Human