The Rule of Law Framework of the European Union : A Council of Europe approach: co-operation as the pre-condition of efficiency

Abstract: This paper deals with the new Rule of Law Framework (RoLF) of the European Union (EU) from the Council of Europe’s (CoE) perspective. The European Commission was called for to provide an effective solution to the recent fundamental rights breaches in the EU member states. As a result, the EU’s rule of law initiative was started to prevent and protect member states from such breaches. Several actors were involved in the initiative: the EU included NGOs and international organisations in the process which culminated in the RoLF. The aim of the thesis is to explore the RoLF’s efficiency in the light of the fear for duplication by the CoE. The CoE being the benchmark for human rights, democracy and rule of law in Europe, have such mechanisms in place that are working and respected across Europe. The EU member states are also the member states of the CoE, so they are already bound by their obligations to the CoE conventions, mechanisms and standards. This is why the CoE observes closely the EU’s progress on fundamental rights protection. It followed and participated in the negotiation process of the rule of law initiative closely and expressed its support. Based on this process, on the existing competencies of the CoE, under the egis of co-operation this thesis aims to determine whether the RoLF is an efficient instrument in the European realm of fundamental rights protection.