Debates Parlamentares - Diário 004, p. 21 (2024-05-13)

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Opinion 302 (2024)1Provisional version

Application by Kosovo* for membership of the Council of Europe

Parliamentary Assembly

1. Kosovo applied for membership of the Council of Europe on 12 May 2022 with a letter signed byMs Donika Gërvalla-Schwarz, Deputy Prime Minister and Minister of Foreign Affairs and Diaspora. On 24 April2023, the Committee of Ministers transmitted the letter to the Parliamentary Assembly for consultation, inpursuance of Statutory Resolution (51) 30 A adopted on 3 May 1951. The decision on the transmissionclarifies that it is “without prejudice to the Committee of Ministers’ future consideration of this application toaccede to the Council of Europe”.

2. Having taken note of the eminent lawyers’ report, the Assembly acknowledges that Kosovo’s legalframework is broadly in line with Council of Europe standards and that its Constitution is a very progressiveinstrument, incorporating the key provisions of the Ahtisaari Plan and providing for the direct applicability ofthe European Convention on Human Rights (ETS No. 5) and its Protocols, the Framework Convention for theProtection of National Minorities (ETS No. 157), the Council of Europe Convention on Preventing andCombating Violence against Women and Domestic Violence (CETS No. 210, “Istanbul Convention”) as wellas some United Nations human rights instruments.

3. The Assembly acknowledges the progress made by Kosovo in the areas of human rights, democracyand the rule of law and commends the advancements made by the current government, including as regardsthe fight against corruption and a civil partnership for same-sex couples (“Civil Code”).

4. The Council of Europe, in synergy with the international community, has supported the strengthening ofstandards in Kosovo through a wide range of activities including legal advice, co-operation and specificsolutions which have enabled Council of Europe monitoring mechanisms to regularly assess the situation inspecific areas of human rights law. Kosovo joined the Council of Europe Development Bank (CEB) in 2013and the Venice Commission the following year. Since 2016, a delegation of the Assembly of Kosovo hasparticipated in the work of the Parliamentary Assembly. The Association of Kosovo Municipalities participatesin the work of the Congress of Local and Regional Authorities.

5. The Assembly believes that Kosovo’s aspirations to join the Council of Europe should be met with apositive response. Membership would lead to the strengthening of human rights standards by ensuring accessto the European Court of Human Rights to all those who are under Kosovo’s jurisdiction. It would also enablethe Council of Europe to have greater oversight of domestic developments and to deploy all the instruments atits disposal to contribute to consolidating democracy and the rule of law. Furthermore, membership of theCouncil of Europe would represent a milestone in the process of Kosovo’s European integration.

1. Assembly debate on 16 April 2024 (10th sitting) (see Doc. 15958, Doc. 15957, report of the Committee on PoliticalAffairs and Democracy, rapporteur: Ms Dora Bakoyannis; Doc. 15964, opinion of the Committee on Legal Affairs andHuman Rights, rapporteur: Ms Azadeh Rojhan; and Doc. 15965, opinion of the Committee on Equality and Non-Discrimination, rapporteur: Ms Béatrice Fresko-Rolfo). Text adopted by the Assembly on 16 April 2024 (10th sitting).

* Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understoodin full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

https://pace.coe.int

Opinions 302 and 303

13 DE MAIO DE 2024 _____________________________________________________________________________________________________________

Opinion 302 (2024)1Provisional versionApplication by Kosovo* for membership of the Council of EuropeParliamentary Assembly1. Kosovo applied for membership of the Council of Europe on 12 May 2022 with a letter signed byMs Donika Gërvalla-Schwarz, Deputy Prime Minister and Minister of Foreign Affairs and Diaspora. On 24 April2023, the Committee of Ministers transmitted the letter to the Parliamentary Assembly for consultation, inpursuance of Statutory Resolution (51) 30 A adopted on 3 May 1951. The decision on the transmissionclarifies that it is “without prejudice to the Committee of Ministers’ future consideration of this application toaccede to the Council of Europe”.2. Having taken note of the eminent lawyers’ report, the Assembly acknowledges that Kosovo’s legalframework is broadly in line with Council of Europe standards and that its Constitution is a very progressiveinstrument, incorporating the key provisions of the Ahtisaari Plan and providing for the direct applicability ofthe European Convention on Human Rights (ETS No. 5) and its Protocols, the Framework Convention for theProtection of National Minorities (ETS No. 157), the Council of Europe Convention on Preventing andCombating Violence against Women and Domestic Violence (CETS No. 210, “Istanbul Convention”) as wellas some United Nations human rights instruments.3. The Assembly acknowledges the progress made by Kosovo in the areas of human rights, democracyand the rule of law and commends the advancements made by the current government, including as regardsthe fight against corruption and a civil partnership for same-sex couples (“Civil Code”).4. The Council of Europe, in synergy with the international community, has supported the strengthening ofstandards in Kosovo through a wide range of activities including legal advice, co-operation and specificsolutions which have enabled Council of Europe monitoring mechanisms to regularly assess the situation inspecific areas of human rights law. Kosovo joined the Council of Europe Development Bank (CEB) in 2013and the Venice Commission the following year. Since 2016, a delegation of the Assembly of Kosovo hasparticipated in the work of the Parliamentary Assembly. The Association of Kosovo Municipalities participatesin the work of the Congress of Local and Regional Authorities.5. The Assembly believes that Kosovo’s aspirations to join the Council of Europe should be met with apositive response. Membership would lead to the strengthening of human rights standards by ensuring accessto the European Court of Human Rights to all those who are under Kosovo’s jurisdiction. It would also enablethe Council of Europe to have greater oversight of domestic developments and to deploy all the instruments atits disposal to contribute to consolidating democracy and the rule of law. Furthermore, membership of theCouncil of Europe would represent a milestone in the process of Kosovo’s European integration.1. Assembly debate on 16 April 2024 (10th sitting) (see Doc. 15958, Doc. 15957, report of the Committee on PoliticalAffairs and Democracy, rapporteur: Ms Dora Bakoyannis; Doc. 15964, opinion of the Committee on Legal Affairs andHuman Rights, rapporteur: Ms Azadeh Rojhan; and Doc. 15965, opinion of the Committee on Equality and Non-Discrimination, rapporteur: Ms Béatrice Fresko-Rolfo). Text adopted by the Assembly on 16 April 2024 (10th sitting).* Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understoodin full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo. https://pace.coe.int Opinions 302 and 303 13 DE MAIO DE 2024 _____________________________________________________________________________________________________________21

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