Withdrawal from the Council of Europe

Last updated

Withdrawal from the Council of Europe is the legal and political process whereby a member state of the Council of Europe rescinds from the Statute of the Council of Europe. Thus, the country in question ceases to be a member of the council. This is done under Articles 7 & 8 in Chapter II of the Statute which mentions membership. [1] It states that any country that wishes to leave must send a notification to the Council of Europe's Secretary General, and the country’s membership would be rescinded by the end of the year.

Contents

As of March 2022, there have been two countries that have formally left the Council of Europe. The first one was Greece on 12 December 1969. However, it re-joined the council on the 28 November 1974. [2] The second one is Russia who first threatened to withdraw from the Council, after the country's membership of the Parliamentary Assembly was revoked in 2014. This was due to the invasion and annexation of the Ukrainian autonomous region of Crimea. [3] Russia formally notified the Council of its withdrawal on 15 March 2022, after the country invaded Ukraine. [4]

Procedure

According the Statute of the Council of Europe which is also known as the Treaty of London, there are two ways a member state can leave, that is either to be withdrawn or be suspended from the Council. These are listed in the Chapter II of the Statute, which deals with membership of the Council.

Article 7

The first option is simple withdrawal, as stipulated in Article 7. The statute states:

Any member of the Council of Europe may withdraw by formally notifying the Secretary General of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. If the notification is given in the last three months of the financial year, it shall take effect at the end of the next financial year.

The article says that if a member state unilaterally wishes to formally leave the Council of Europe, then a member state would send a formal letter the Secretary General, asking that it would like leave the Council. If it is done between the 1 January and the 30 September, the withdrawment would happen at the 31 December on that year. If it is done between the 1 October to the 31 December, then it would happen on the 31 December the following year.

Article 8

Another option is under Article 8, which the statue states:

Any member of the Council of Europe which has seriously violated Article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such member does not comply with this request, the Committee may decide that it has ceased to be a member of the Council as from such date as the Committee may determine.

The article says which is where a member state seriously violated Article 3, the state would be referred to the Council’s executive body the Committee of Ministers, and the Committee would then ask the member state to withdraw under Article 7. If the member state refuses, then the Committee would revoke the member state's membership as and when the Committee decides.

Withdrawals

Greece

Greece joined the Council as a member on 9 August 1949. On 21 April 1967, following a military coup, the Greek junta abolished democracy, bringing itself into conflict with the Council of Europe. In September 1967, Denmark, Norway, Sweden, and the Netherlands filed an interstate application with the Committee regarding human rights abuses in Greece. The Parliamentary Assembly of the Council of Europe also appointed a rapporteur, the former Dutch Foreign Minister Max van der Stoel, to investigate the situation in Greece.

On 12 December 1969, following the leaking of the Greek case report of the Committee, Greece left the Council of Europe before the matter could be brought to a vote. After the fall of the junta, Greece re-joined the Council of Europe on 28 November 1974. [2]

Russia

Russia joined as a member on 28 February 1996. Russia was for the first time suspended from voting rights in Council's Parliamentary Assembly (PACE) from 2000 to 2001 because of the Second Chechen War. [5]

During the Russo-Ukrainian war, Russia was suspended for a second time on the 10 April 2014, after the country militarily intervened and later annexed the southern Ukrainian region of Crimea in March 2014. After this suspension, Russia threatened to leave the Council in its entirety and had later withheld its funding payment to the Council totalling €53 million leading to cash crisis. [6] On the 24 June 2019, a resolution led by France and Germany restored the delegates' voting rights and after that, Russia returned the funding to Council. [7] [8]

Due to the Russian invasion of Ukraine, on the 24 February 2022, the Committee of Ministers passed a resolution that "condemned in the strongest terms the armed attack on Ukraine," called for Russia to "immediately and unconditionally cease its military operations," and that it would consider "measures to be taken in response to the serious violation by the Russian Federation of its statutory obligations as a Council of Europe member State." [9]

The next day on the 25 February the Committee voted for a motion that was backed by 42 of the 47 member states to immediately suspend Russia's voting privileges in both PACE and the Committee of Ministers. The only country besides Russia to vote against was Armenia; Azerbaijan did not attend and Turkey abstained. [10] [11] On the 14 March 2022, in an extraordinary session of the Parliamentary Assembly, Ukrainian prime minister Denys Shmyhal demanded by video link that Russia should be expelled under Article 8. [12] On 15 March 2022, Russia announced its withdrawal from the Council of Europe under Article 7. [13] On 16 March, the Committee of Ministers decided to expel Russia with immediate effect. [14]

Contemplated withdrawals

Switzerland

In Switzerland, in 2018, there was a public vote on a popular initiative entitled ‘Swiss law, not foreign judges’ (Self-determination Initiative). [15] [16] The idea of the initiative, which was put forward by the populist right-wing Swiss People's Party was in cases of clear conflict between international law and Swiss law, Swiss law would take precedence. This would however, means Switzerland would de facto withdraw from the ECHR in case of conflicts with Swiss constitution. However, the initiative failed to achieve a majority of voters, with nearly two-thirds (64.7%) voting no.

Ukraine

Ukraine joined the Council of Europe as a full member on 9 November 1995. After the 2019 resolution readmitting Russia into the Council after the 2014 suspension, Ukrainian foreign minister Pavlo Klimkin recalled his permanent representative to the Council and threatened to voluntarily withdraw the country in retaliation. [17]

United Kingdom

The United Kingdom was a founder member of the Council back in 1949. After leaving the European Union in 2020, there is speculation that the UK may try to retreat from various international bodies such as the Council of Europe's European Convention on Human Rights and the European Court of Human Rights. [18] On the other hand, the United Kingdom is a party to the Good Friday Agreement of Northern Ireland, which requires that it incorporate the European Convention of Human Rights in the law of Northern Ireland. [19]

See also

Related Research Articles

<span class="mw-page-title-main">Council of Europe</span> International organization founded in 1949

The Council of Europe is an international organisation with the goal of upholding human rights, democracy and the rule of law in Europe. Founded in 1949, it brings together 46 member states with a population of approximately 675 million as of 2023; it operates with an annual budget of approximately 500 million euros.

<span class="mw-page-title-main">Organization of American States</span> International organization of states in the Americas

The Organization of American States is an international organization founded on 30 April 1948 to promote cooperation among its member states within the Americas.

<span class="mw-page-title-main">Commonwealth of Independent States</span> Eurasian intergovernmental organization

The Commonwealth of Independent States (CIS) is a regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union in 1991. It covers an area of 20,368,759 km2 (7,864,422 sq mi) and has an estimated population of 239,796,010. The CIS encourages cooperation in economic, political, and military affairs and has certain powers relating to the coordination of trade, finance, lawmaking, and security, including cross-border crime prevention.

<span class="mw-page-title-main">Enlargement of the European Union</span> Accession process of new countries to the European Union

The European Union (EU) has expanded a number of times throughout its history by way of the accession of new member states to the Union. To join the EU, a state needs to fulfil economic and political conditions called the Copenhagen criteria, which require a stable democratic government that respects the rule of law, and its corresponding freedoms and institutions. According to the Maastricht Treaty, each current member state and the European Parliament must agree to any enlargement. The process of enlargement is sometimes referred to as European integration. This term is also used to refer to the intensification of co-operation between EU member states as national governments allow for the gradual harmonisation of national laws.

<span class="mw-page-title-main">Committee of Ministers of the Council of Europe</span> Council of Europes decision-making body

The Committee of Ministers of the Council of Europe or Committee of Ministers is the Council of Europe's decision-making body. It comprises the Foreign Affairs Ministers of all the member states, or their permanent diplomatic representatives in Strasbourg. It is both a governmental body, where national approaches to problems facing European society can be discussed on an equal footing, as well as a collective forum, where Europe-wide responses to such challenges are formulated. In collaboration with the Parliamentary Assembly, it is the guardian of the Council's fundamental values; it monitors member states' compliance with their undertakings. The Holy See, Japan, Mexico, and the US are observer states in the Committee of Ministers.

<span class="mw-page-title-main">Parliamentary Assembly of the Council of Europe</span> Parliamentary assembly

The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.

<span class="mw-page-title-main">Withdrawal from the European Union</span> Legal process of Article 50 of the Treaty of European Union

Article 50 of the Treaty on European Union (TEU) provides for the possibility of an EU member state leaving the European Union "in accordance with its own constitutional requirements".

<span class="mw-page-title-main">States parties to the Rome Statute</span> States that have become party to the Rome Statute of the International Criminal Court

The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.

<span class="mw-page-title-main">Member states of the Organization of American States</span>

All 35 independent nations of the Americas are member states of the Organization of American States (OAS).

<span class="mw-page-title-main">Member states of the Council of Europe</span>

The Council of Europe was founded on 5 May 1949 by ten western and northern European states, with Greece joining three months later, and Iceland, Turkey and West Germany joining the next year. It now has 46 member states, with Montenegro being the latest to join.

<span class="mw-page-title-main">Istanbul Convention</span> 2011 Council of Europe convention

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, is a human rights treaty of the Council of Europe opposing violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of violence, victim protection and to end the impunity of perpetrators.

<span class="mw-page-title-main">International reactions to the annexation of Crimea by the Russian Federation</span>

International reactions to the annexation of Crimea by the Russian Federation have largely been condemnatory of Russia's actions, supportive of Ukraine's sovereignty and territorial integrity, and supportive of finding a quick end to the crisis. The United States and the European Union responded by enacting sanctions against Russia for its role in the crisis, and urged Russia to withdraw. Russia has accused the United States and the EU of funding and directing the revolution and retaliated to the sanctions by imposing its own.

<span class="mw-page-title-main">Annexation of Crimea by the Russian Federation</span> 2014 annexation of territory

In February and March 2014, Russia invaded the Crimean Peninsula, part of Ukraine, and then annexed it. This took place in the relative power vacuum immediately following the Revolution of Dignity. It marked the beginning of the Russo-Ukrainian War.

<span class="mw-page-title-main">Republic of Crimea</span> First-level administrative division of Russia, annexed territory of Ukraine

The Republic of Crimea is a republic of Russia, comprising most of the Crimean Peninsula, but excluding Sevastopol. Its territory corresponds to the pre-2023 territory of Autonomous Republic of Crimea, a subdivision of Ukraine. Russia occupied and annexed the peninsula in 2014, although the annexation remains internationally unrecognized.

<span class="mw-page-title-main">United Kingdom invocation of Article 50 of the Treaty on European Union</span> Invocation of the EUs withdrawal process for "Brexit"

On 29 March 2017, the United Kingdom (UK) invoked Article 50 of the Treaty on European Union (TEU) which began the member state's withdrawal, commonly known as Brexit, from the European Union (EU). In compliance with the TEU, the UK gave formal notice to the European Council of its intention to withdraw from the EU to allow withdrawal negotiations to begin.

<span class="mw-page-title-main">European Union (Notification of Withdrawal) Act 2017</span> United Kingdom legislation

The European Union Act 2017 was an Act of the Parliament of the United Kingdom to empower the Prime Minister to give to the Council of the European Union the formal notice – required by Article 50 of the Treaty on European Union – for starting negotiations for the United Kingdom's withdrawal from the European Union. It was passed following the result of the 2016 United Kingdom European Union membership referendum held on 23 June in which 51.9% of voters voted to leave the European Union.

Russia was a member of the Council of Europe, an international organization that focuses on the promotion of democracy and human rights, from 1996 to 2022. At the time of its accession, Russia did not meet the requirements of membership, but it was believed that joining would help Russia improve its record on democracy and human rights protection. In a 2019 paper published in the International & Comparative Law Quarterly, international law scholars Kanstantsin Dzehtsiarou and Donal K Coffey described Russia as showing "persistent and clear disregard of the values and aims of the CoE", including occupying other member states, sponsoring separatist movements, and ignoring judgements of the European Court of Human Rights. During its membership, Russia was suspended from voting rights on multiple occasions. After the Russian invasion of Ukraine, on 16 March the Committee of Ministers voted to expel Russia from the council with immediate effect.

<span class="mw-page-title-main">Crimea Platform</span> Ukrainian diplomatic initiative aimed at recovering control over Crimea

The Crimea Platform is a diplomatic summit initiated by Ukrainian President Volodymyr Zelenskyy in August 2021 and attended by delegations from 46 countries. It is designed to be an international coordination mechanism to restore Russia–Ukraine relations by means of reversing the 2014 annexation of Crimea by the Russian Federation. The protection of the human rights of Crimean Tatars, environmental degradation and the stifling of trade in the Black and Azov Sea region are also matters discussed at the summit.

<span class="mw-page-title-main">International Criminal Court investigation in Ukraine</span> Ongoing investigation opened in 2022

The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards", on an "open-ended basis", covering the Revolution of Dignity, the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia, the war in Donbas and the 2022 Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties.

The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.

References

  1. "Statute of the Council of Europe - London, 5.V.1949". Council of Europe. 2020-12-28.
  2. 1 2 "The Greek Case at the Council of Europe (1967-1974)". Greek Presidency of the Council of Europe. Retrieved 2020-12-28.
  3. "Russia delegation suspended from Council of Europe over Crimea". The Guardian . 2014-04-10. Retrieved 2020-12-29.
  4. "Russia quits Council of Europe rights watchdog". Reuters . 2022-03-15. Retrieved 2022-03-15.
  5. Dzehtsiarou, Kanstantsin; Coffey, Donal K. (2019). "Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times". International & Comparative Law Quarterly. 68 (2): 443–476. doi: 10.1017/S0020589319000101 . ISSN   0020-5893.
  6. Rankin, Jennifer (2018-03-16). "Human rights body faces cash crisis after clash with Russia". The Guardian . Retrieved 2020-12-29.
  7. Reilhac, Gilbert (2019-06-25). "Council of Europe readmits Russia, five years after suspension over Crimea". Reuters . Retrieved 2020-12-29.
  8. "PACE - Opinion 297 (2019) - Budget and priorities of the Council of Europe for the biennium 2020-2021". Council of Europe. Retrieved 2021-01-14.
  9. "Situation in Ukraine: Decisions by Council of Europe's Committee of Ministers". Council of Europe . 24 February 2022. Archived from the original on 25 February 2022. Retrieved 24 February 2022.
  10. "Armenia stands alone in support for Russia in Council of Europe". OC Media. 26 February 2022. Retrieved 28 February 2022.
  11. Lonas, Lexi (25 February 2022). "Council of Europe suspends Russia over actions in Ukraine". The Hill . Retrieved 28 February 2022.
  12. "Ukrainian Prime Minister demands that Russia be immediately ousted from the Council of Europe". Council of Europe. Retrieved 2022-03-15.
  13. Daniel Holtgen [@CoESpokesperson] (March 15, 2022). "Secretary General @MarijaPBuric today received formal notification from the #Russian #Federation of its withdrawal from the Council of Europe under Article 7 of the Statute, as well as its intention to denounce the European Convention on Human Rights #ECHR" (Tweet) via Twitter.
  14. "Council of Europe expels Russia from human rights body". ABC News . Retrieved 16 March 2022.
  15. "Self-determination Initiative".
  16. Bondolfi, Sibilla (2018-10-25). "'Swiss law first' initiative: what's at stake?". Swissinfo. Translated from German by Terence MacNamee. Retrieved 2023-07-04.
  17. "Russia's undiplomatic return to the Council of Europe". France 24. 2019-06-28. Retrieved 2021-01-14.
  18. Giannoulopoulos, Dimitrios (2020-03-04). "The next target in the project to "take back control"? Strasbourg and the Human Rights Act". Prospect Magazine. Retrieved 2020-12-29.
  19. "The Northern Ireland Peace Agreement" (PDF). The Northern Ireland Peace Agreement: 18. 1998.