The Council of Europe : a beacon of light for the Old Continent? –
Florine AMOUGOU, Institutional Communications Consultant
INTRODUCTION
Born from the ashes of a Europe devastated by World War II, the Council of Europe is the result of the collective will of Europeans to prevent the return of totalitarian regimes and to build an institutional architecture on the continent to ensure peace, human dignity, and democracy.
As a reminder, and in order to avoid any confusion between the Council of Europe and the European Union, it should be noted that these are two different entities, even though they share fundamental values such as democracy and respect for human rights.
In 1992, the Maastricht Treaty created the European Union as we know it today. This supranational organization is based mainly on four (4) main pillars, namely: the European Commission, the European Parliament, the Council of the European Union, and the European Council. Its role is to coordinate the economic, social, environmental, and trade policies of its 27 Member States, a role that must be integrated with two (2) other key areas of responsability: monetary union and European legislation.
All 27 EU Member States are members of the Council of Europe, which is an intergovernmental organization of 46 States (larger and older than EU) representing approximately 700 million European citizens.
Founded in 1949 and based in Strasbourg (a symbolic city and the beating heart of reconciliation between peoples), the Council of Europe stands as a shining light illuminating the sometimes dark night of the Old Continent’s history.
To better understand this organization and its role at the crossroads of nations, we will briefly review the context of its creation, its structure with its main pillars and how they function (I). Then, we will discuss its achievements (which are far too little known) and its decisive impact on Europe’s rights and values (II). Finally, we will highlight its current challenges and issues (III).
I – Context of creation – Structure and functioning
The Council of Europe was founded in May 1949, after the Second World War, in a context of reconstruction and a desire for unification of the European continent. In this sense, European States wanted to come together in an organized manner to build a common future based on the rule of law, learning from the horrors of two world wars and affirming their commitment to fundamental freedoms and democracy.
From its headquarters in Strasbourg, considered the “European capital of human rights,” the Council of Europe is based on a framework of several key bodies, namely:
a) The Committee of Ministers
It is composed of the Ministers of Foreign Affairs of the 46 member States. It is the main decision-making body, which meets regularly, coordinates common policies, supervises the implementation of commitments, and adopts European standards.
Its presidency is held in turn by a member State for a period of six (6) months, ensuring balanced representation.
b) The Parliamentary Assembly (PACE)
It brings together national parliamentarians from the 46 Member States to debate, monitor, and oversee democratic developments. It draws up reports, makes recommendations and gives a voice to the peoples of Europe in the Council’s affairs.
c) The Congress of Local and Regional Authorities
As the voice of cities and regions, it promotes consultation and dialogue and ensures inclusive and respectful democracy between governments and local authorities.
d) The Conference of INGOs
The Conference represents the voice of civil society at the Council of Europe. It brings together around 320 international NGOs with participatory status at the Council of Europe, working on a range of issues related to the Council’s remit. The Conference contributes to participatory democracy and multi-stakeholder dialogue at European level.
It is even involved at European Union level in joint actions carried out by the European Union and the Council of Europe. For example, the Committee on Migration Issues (a working committee within the Conference of INGOs of the Council of Europe) is part of the Consultative Forum of Frontex, the European Border and Coast Guard Agency, which helps European Union (EU) and Schengen area countries manage the EU’s external borders and combat cross-border crime. In this context, the Committee on Migration Issues aims to advocate for respect for human dignity in border management.
e) The European Court of Human Rights (ECHR)
The Court is composed of 46 judges (one per Member State elected for a non-renewable term of nine [9] years). It was established in 1959 by the Council of Europe with the task of ensuring compliance with the European Convention on Human Rights and its protocols. As such, it ensures that the 46 Member States respect the rights guaranteed by the Convention, such as the right to life, the right to a fair trial, the right to respect for private and family life, freedom of expression, and freedom of association, among others.
Cases may be brought before the Court by both Member States and individuals who believe that their rights have been violated, provided that they have exhausted all domestic remedies in their countries.
The Court acts as an international arbiter of choice for strengthening the rule of law and democracy, intervening in particular in cases of torture, arbitrary detention, discrimination, or other serious human rights violations.
All these bodies work in synergy, while each fulfilling a specific function that shapes the overall impact of the Council of Europe.
II – Achievements and Impact
The Council of Europe has achieved several successes that have had a tangible impact on the protection of human rights, democracy, and pan-European cooperation. To this end, several texts have been adopted, including:
a) The European Convention on Human Rights, adopted in 1950.
Compliance with the rights proclaimed in this text is ensured by the European Court of Human Rights (ECHR), which was officially established in 1959.
b) The European Social Charter of 1961 (revised in 1996), which enshrines social and economic rights such as the right to work, health, and social protection.
c) The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, adopted in 1987.
d) The Enlarged Partial Agreement on Sport (EPAS), promoting European cooperation in the field of sport. Signed in 2007, it advocates good governance in sport and greater ethics in this discipline.
e) The Council of Europe Development Bank (CEB), created in 1956, dedicated to financing social projects (health, education, sustainable housing, support for vulnerable populations) in Member States.
Among the achievements of the Council of Europe, the two institutions that have undoubtedly had the most tangible impact on people’s lives are the CEB and the ECHR.
The CEB has been given a social development mandate by the Member States.
The financing it provides is largely directed towards projects that enable social, economic, and environmental rights to be realized.
The Bank takes great care to ensure that the projects it finances meet specific technical and social criteria.
In the Bank’s current Strategic Framework 2023-2027, each of the objectives corresponds to a line of financial action. These serve as benchmarks against which the technical and social criteria for approving or rejecting submitted projects are established. These objectives include:
– Investing in people and valuing human capital;
– Promoting inclusive and resilient living environments;
– Supporting employment and economic and financial inclusion.
For the 2024 financial year alone, the Bank Governor’s Report shows that 44 projects were approved for a total of €4.5 billion as of December 31, 2024.
This financing includes:
– Several loans for health and medical-social services in several countries, for a total amount of €603 million. For example, this financing includes projects to expand and strengthen medical care in Spain, Finland, and the Slovak Republic.
– Several loans totaling more than €594 million to support education.
– Several loans totaling €142 million for the protection and rehabilitation of historical and cultural heritage in Cyprus and Romania.
Among the historical and cultural heritage rehabilitation projects is the construction of a new archaeological museum in Cyprus.
It is worth noting that 2025 already promises to see an increase in the Bank’s involvement and commitments to Europe’s economic and social development.
On October 21, the Bank published its interim results in its half-yearly financial report. These show that at the end of the first half of 2025, the stock of approved projects already totaled €10.2 billion, an increase of 10.6% compared with the end of 2024.
As for the European Court of Human Rights (ECHR), it is very active, mainly because both States and individuals can bring cases before it.
Its records show that it has handed down more than 16,000 judgments since its creation, i.e around 200 to 250 judgments per year, which is more than 20 judgments per month.
Among the rights covered by these judgments, some are more relevant than others because they have been violated more frequently by States or have been the subject of more lawsuits by litigants.
The rights that have given rise to the most convictions handed down by the Court against Member States include:
– The right to a fair trial and the right to a judgment within a reasonable time, both guaranteed by Article 6 of the European Convention on Human Rights;
– The protection of property proclaimed by Article 1 of the Additional Protocol to the Convention;
– And the right to liberty and security under Article 5 of the Convention.
The Court’s case law has also influenced, sometimes decisively, the law of many States, being at the very origin of several reforms within them, either following convictions against them or in anticipation of them.
For example, after being condemned by a ruling of the European Court of Human Rights in 1990 (Kruslin and Huvig case), France amended its legislation by adopting the law of July 10, 1991, on administrative wiretapping, in order to comply with the European Convention on Human Rights in this area.
In this regard, the Court of Cassation, sitting in plenary session, in a judgment of April 15, 2011, recognized the importance for States to comply with the case law of the ECHR “without waiting to be challenged before it or to have amended their legislation.” (Court of Cassation, Plenary Assembly, April 15, 2011, 10-30.313, Published in the bulletin)
However, despite its significant achievements, the Council of Europe faces challenges that it must overcome in order to better guarantee the achievement of its objectives.
III – Current challenges and issues
The Council of Europe has to contend with other European organizations, notably the European Union, which leads to overlapping responsibilities and a certain degree of institutional rivalry, sometimes reducing the clarity and effectiveness of the Council’s actions.
Another major challenge lies in the very nature of its functioning, which is based on consensus among States, particularly within its main decision-making body, the Committee of Ministers. This commitment to consensus can slow down decision-making and limit bold reforms due to political differences between sovereign States. This limitation may explain the difficulty for this large intergovernmental organization to act quickly and forcefully in a complex European context.
Furthermore, the case law of the ECHR is too often called into question.
According to a study published on September 23, 2024, by Democracy Reporting International (DRI) and the European Implementation Network (EIN), 624 important judgments of the ECHR had not yet been enforced by the condemned Member States as of January 1, 2024.
Furthermore, over the last ten years, 44% of the ECHR’s main judgments have reportedly not been enforced.
This rate of non-compliance is all the more significant given that the Council of Europe has a body, the Department for the Execution of Judgments of the European Court of Human Rights’, responsible for advising and assisting the Committee of Ministers in its role of monitoring the implementation of judgments.
Furthermore, it should not be forgotten that some States may sometimes encounter real difficulties in executing certain judgments fully and completely within a reasonable time. However, non-execution may also result from circumvention or resistance to the Court when it rules on sensitive issues, such as immigration or security.
Finally, the Council of Europe is not immune to global geopolitical conflicts. As evidence of this, in the context of the outbreak of war in Ukraine and the subsequent tensions within the organization, the Russian Federation, which joined the Council of Europe on February 28, 1996, ceased to be a member in March 2022.
CONCLUSION
Despite everything, the Council of Europe remains the beating heart of justice and the gentle promise of human dignity. It is a platform for exchange that promotes intergovernmental cooperation and conflict resolution without resorting to force. The diversity of its members allows for a variety of democratic approaches, enriching European human rights governance.
This is why it must continue to weave its web in a space where rights come together in a solemn hymn to a Europe united not only by geography but also by shared values and a common future.
The difficulties and shortcomings it faces should not obscure the threats it has managed to contain and to which the world is still exposed: the rise of populism, the weakening of democratic institutions, violations of fundamental rights, and the specter of war.
In this sense, the Secretary General’s Report on Europe 2025 emphasizes the need for Europe to move towards a new democratic pact. It takes care to point out that this new pact is all the more urgent given that “Europe is currently facing a storm that brings together all the elements of chaos” and that “we cannot meet today’s challenges with yesterday’s methods.”
Dynamism and courage will be needed to transform the Council of Europe, in order to strengthen its effectiveness and legitimacy, in particular through even greater involvement of civil society in the decision-making process. This is the price that must be paid if it is to continue, despite the vicissitudes of time, to raise human consciousness, contribute to economic and financial inclusion, promote social cohesion, and enlighten every corner of the Old Continent.
Florine AMOUGOU
Florine AMOUGOU is a business leader and institutional communications consultant. She is the Development Manager at CABINET PERONO CONSEILS. She is economically and socially engaged in Europe and Africa on several levels, notably as a member of the Delegation of the Center for Strategic Studies and Forsight to the Council of Europe. She is also Vice President in charge of International Development for the High Patronage of Traders and Economic Operators of Côte d’Ivoire (HPCO-CI).
