CYIL vol. 10 (2019)

EMIL RUFFER CYIL 10 ȍ2019Ȏ and extended in 1959 for the European Economic Community and the European Atomic Energy Community, respectively. 8 Under these arrangements, concluded by the exchange of letters, on one hand the representatives of the [European] Commission could be invited to the meetings of the Committee of Ministers, and on the other hand the experts of the Secretariat General of the CoE could be invited to exchanges of views with the administrative departments of the Commission. Another important step in forging exchange of information and mutual dialogue, in practical terms, was the establishment of the CoE Liaison Office in Brussels in 1975. To this end, the CMfirst adopted a Resolution (74) 13 on the establishment of the Office, 9 and then the agreement with the Council of the European Communities and the Commission was reached in the form of the exchange of letters. 10 The general aim of the Office 11 was to facilitate contacts and the exchange of information between the two organisations with a view to establish a closer co-operation; a reference was made to Article 230 of the Treaty of Rome. 12 A further impetus to intensify the cooperation, including some more practical and pragmatic considerations, was initiated by the CM Resolution 85 (5), 13 which instructed the Secretary General (hereinafter as the “SG”) “ to initiate contacts with competent bodies of the European Community for the purpose of elaborating with them concrete proposals designed to strengthen co-operation ” and called for “ the widest possible application of Council of Europe legal instruments ”. It further phrased the desire for enhanced legal cooperation and compatibility of legal instruments as follows: “The possibilities of incorporating provisions of Community texts in Council of Europe instruments should be examined and Council of Europe conventions to which the European Community could accede should be identified.” 14 This was an early expression of the idea of the “European legal space”, which has evolved since and proved to be difficult in certain areas, not the least in the process of the EU’s 8 Arrangement between the Committee of Ministers of the Council of Europe and the Commission of the European Economic Community (Brussels, 18 August 1959); Arrangement between the Committee of Ministers of the Council of Europe and the Commission of the European Atomic Energy Community (Brussels, 18 August 1959). 9 Resolution (74) 13 on the establishment of a liaison Office of the Council of Europe in Brussels, adopted by the Committee of Ministers on 6 May 1974 at its 54 th Session. 10 The letter by the President of the Committee of Ministers to the President of the Council of the European Communities was sent from Paris on 29 November 1974 and the positive reply from Brussels was dated 13 January 1975. The letter of the Secretary General of the Council of Europe to the President of the Commission of the European Communities was also sent from Paris on 29 November 1974 and the reply was received from Brussels on 20 December 1974. 11 Article A. of the Appendix to the Resolution (74) 13. 12 Article 230 of the Treaty establishing the European Economic Community (Rome, 25 March 1957): “ The Community shall establish all suitable co-operation with the Council of Europe. ” The relevant (expanded) provision can still be found in the current amended and renamed version of the Treaty, namely in Article 220 of the Treaty on the Functioning of the European Union: “ The Union shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development. ” 13 Resolution 85 (5) on co-operation between the Council of Europe and the European Community, adopted by the Committee of Ministers on 25 April 1985 at its 76 th Session. 14 Ibid. , part III para. C.

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