CYIL vol. 10 (2019)

EMIL RUFFER CYIL 10 ȍ2019Ȏ are rather difficult to describe. Unlike the respective resolutions and decisions regarding the status of observer States, we lack such a clear, precise and coherent framework with regard to the EU. In such a situation, we might end up with the term of sui generis status, which again does not bring the expected clarity into the matter. Therefore, it might be useful to draft and adopt a CM resolution, which would establish a comprehensive legal framework for the EU’s participation in the CoE, and replace the previous series of multiple arrangements. My conclusion would then be that the benchmark for the EU’s current position in the CoE should still be the legal framework for observer status. This does not prevent the EU to participate more actively in certain areas of its interest, if the CoE member States do not oppose such practice. The enhanced position of the EU is further supported by the regular political dialogue on the highest level and extensive cooperation on expert and technical level. Still, the EU should be cautious to respect the rules of the organisation which has always been intergovernmental in its nature and tried its best to accommodate the EU as its strategic partner.

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