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The need to avoid duplication of the work of the Council
of Europe by the European Union Agency for Fundamental
Rights

Resolution 1756 (2010)1

1.       The
Parliamentary Assembly recalls that, in its
Resolution 1427 (2005) and its
Recommendation 1744 (2006), it expressed its concerns
about the duplication of certain Council of Europe tasks by
the European Union Agency for Fundamental Rights.

2.       The
Assembly notes that, even though the Agency’s founding
regulation and the 2008 Agreement on co-operation between the
Agency and the Council of Europe, provide for some safeguards
aimed at avoiding duplication of tasks, such a risk still
exists in principle and concerns remain as to the risk of
confusion in interpreting human rights standards in the 27
Council of Europe member states belonging also to the European
Union. That is why the rapid accession of the European Union
to the European Convention on Human Rights (ETS No. 5) is
indispensable.

3.
However, the Assembly notes that the current context is
different from the one in which its previous texts were
adopted: since 2007, the Agency and the Council Europe have
established appropriate forms of co-operation. Both
institutions use different tools in conducting their daily
activities. The Agency’s data collection and evidence-based
analysis may complement the work undertaken by the Council of
Europe, and in particular by the latter’s monitoring
bodies.

4.       The
Assembly stresses, however, that such fruitful co-operation in
the future is dependent on the Council of Europe’s
acquis in the area of human rights protection at the
European level being used as the main point of reference in
the Agency’s work.

5.       The
Assembly also notes that, following the entry into force of
the European Union Lisbon Treaty on 1 December 2009 and
the adoption by the European Union Council of the “Stockholm
Programme” in December 2009, the Agency’s substantive remit
has been considerably expanded. The Assembly also notes with
interest that the European Union has appointed a Commissioner
for Justice, Fundamental Rights and Citizenship.

6.       The
Assembly calls upon European Union member states and
institutions to take all necessary measures to avoid
unnecessary duplication of tasks of the Council of Europe by
the Agency, in particular by:

6.1.
ensuring that, in areas in which both the Council of Europe
and the Agency conduct activities such as monitoring and/or
data collection, the activities of both organisations
complement each other and generate added value;

6.2.
applying the co-operation methods established in the
relevant legal instruments concerning the functioning of the
Agency and its relations with the Council of Europe, and in
particular the 2008 Co-operation Agreement;

6.3.
ensuring that the Council of Europe’s acquis in the
area of human rights protection is always used as the main
point of reference in the Agency’s work;

6.4.
consulting the Council of Europe at an early stage when
drafting its strategic documents such as the annual
programmes and the multi-annual framework;

6.5.
reflecting once again on the allocation of financial and
other resources to the different European human rights
protection mechanisms in order to distribute them in a way
which ensures their most effective use.

7.       The
Assembly regrets that the funding of the Council of Europe
core human rights activities is extremely low in comparison
with that of the European Union Agency for Fundamental
Rights.

1 Assembly debate on 5 October
2010 (31st Sitting) (see Doc.
12272, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Cilevičs). Text adopted by the
Assembly on 5 October 2010 (31st Sitting).

See also
Recommendation 1935 (2010).

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