An Argument for Closer Cooperation between the European Union and the Council of Europe in the Field of EU Enlargement Regulation

Croatian Yearbook of European Law & Policy, Vol. 2, pp. 311-341, 2006

32 Pages Posted: 28 Dec 2006 Last revised: 28 May 2016

Dimitry Kochenov

University of Groningen - Faculty of Law

Abstract

Judging by the Copenhagen-related documents that regulated the preparation of the 5th enlargement of the European Union, the role played by the Council of Europe in the pre-accession was only minimal. This paper poses a question whether it would be beneficial to continue regulating enlargements along the same line. Alternatively to the presently adopted practice, the Council of Europe, which has its own effective system of human rights protection monitoring, might be invited to play a more active role in the preparation of the enlargements to come, which would make the application of the principle of conditionality more effective. Such a development would be in line with the recent moves towards closer cooperation between the two organisations and, especially, the Guidelines on the Relations between the Council of Europe and the European Union, appended to the Council of Europe Warsaw Summit Action Plan (2005), the recommendations contained in the recent Junker Report on the European Union - Council of Europe relations and the conclusions of the Brussels European Council (2006).

Keywords: EU law, enlargement, Council of Euope, conditionality, monitoring, democracy, PACE, Copenhagen criteria, Committee of Ministers, Human Rights, Human Rights monitoring, pre-accession, european integration

Suggested Citation

Kochenov, Dimitry, An Argument for Closer Cooperation between the European Union and the Council of Europe in the Field of EU Enlargement Regulation. Croatian Yearbook of European Law & Policy, Vol. 2, pp. 311-341, 2006. Available at SSRN: https://ssrn.com/abstract=953960

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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