Beitritt der EU zum Europarat? Institutionelle Aspekte der Entwicklung des europäischen Grundrechtsschutzes nach Lissabon

The relationship between the European Union and the Council of Europe is being widely discussed in the light of the imminent accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Although the technical negotiations for the accession have been completed, the overall process will still take a while, due to the number of approval and ratification steps required. Important aspects of this accession do not only relate to the practical arrangements for the involvement of the EU in the ECHR system alone, but touch the overarching institutional relationship of the EU and the Council of Europe as a whole. Two related phenomena of constitutional relevance seem to exogenically trigger the change of relationship between the organisations: the continued transfer of competences from the EU member states upon the Union in various policy areas relevant for the Council of Europe; and more specifically: the extension of competences of the EU in the area of fundamental rights protection, endowed upon it by the Treaty of Lisbon. It appears that the EU – at least within the circle of the Council of Europe's organs – is already acting out of own sovereignty like a member state (de facto member state) of the Council of Europe. Both institutions have over the years established a number of practical forms of collaboration with other international organisations. Good arguments can be found to justify an accession of the European Union to the Council of Europe, which is not to be understood as an easy solution for complex matters, but rather as the more pertinent and contemporary form of cooperation, potentially facilitating more consistent legislative and methodological approaches in the protection of fundamental rights.