유럽연합과 유럽평의회의 관계 = 유럽 인권보호의 맥락에서

다국어 초록 (Multilingual Abstract)

Having achieved its current degree of integration, the European Union (EU) has come to acknowledge that it should be more concerned with the protection of human rights in Europe. However, the EU’s activism in relation to European human-rights issues has also been seen as a threat by the Council of Europe, which has traditionally served as a setter and a monitor of European human-rights standards. There are two ways of looking at the tension and conflicting relationship between the EU and the Council of Europe with regard to the EU’s activism on the European human-rights issues.
One view is that EU and the Council of Europe are separate and distinct organizations in terms of functions and thus the EU is asked to deal with the problem of human rights in Europe with restraints, so as not to threaten and weaken the functions and authority of the Council of Europe. Another view, however, emphasizes that the EU is now in the evolutionary process towards federation, which means that the EU is by nature different from common regional intergovernmental organizations. According to this view, deeper cooperation and collaboration between EU member states with respect to human-rights issues on the basis of mutual trust within the framework of the EU, instead of simply referring to minimum standards by the Council of Europe, should be necessary and effective.
This article is concerned with this question of the tension or conflicting relationship between the EU and the Council of Europe with respect to human-rights issues in Europe with a special focus on three issue areas: The EU’s Fundamental Rights Agency’s influence on the human-rights monitoring bodies of the Council of Europe; diverse aspects of the EU Clauses inserted into the Council of Europe’s human-rights conventions on the effective protection of individual human beings and the question of fundamental rights in the context of the establishment of the area of freedom, security and justice between the EU member states.
This article argues that the seemingly conflicting relationship between the EU and the Council of Europe regarding human-rights issues in Europe may be understood in a more positive and constructive manner by consolidating human-rights standards within the EU, which should be over and above the minimum standards adopted by the Council of Europe. Although problematic aspects of the EU’s active involvement in human-rights issues at the European level can be found in some instances, generalization of the conflicting relationship between the two organizations regarding European human-rights issues is inappropriate and unjustified. Rather, this article makes a point that the question of whether the EU’s active involvement in European human-rights issues has threatened or weakened the functions and authority of the Council of Europe should be assessed with a case-by-case approach to concrete and substantive issues. Moreover, this article notes that the EU should make best use of the tension with the Council of Europe as an opportunity for the development of human-rights standards within the EU by taking more active legislative measures, which should be over and above the standards adopted by the Council of Europe. In this regard, the entry into force of the Lisbon Treaty, the EU’s possible joining the Council of Europe as ‘a member’ and accession to the European Convention on Human Rights could combine to form a turning point for the consolidation of human-rights standards in Europe.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. EU와 유럽평의회의 긴장관계를 둘러싼 논쟁의 맥락
• Ⅲ. FRA과 유럽평의회
• Ⅳ. EU 조항의 문제
• Ⅴ. EU 회원국들 간의 상호신뢰 및 상호인정 구축과 유럽평의회
• Ⅵ. 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

1 Jackie Gower, "The European Union Handbook" Routledge 2002

2 Pierre Drzemczewski, "The Council of Europe’s Position with Respect to the EU Charter of Fundamental Rights" 23 : 14-, 2001

3 Helene Sjursen, "Questioning EU Enlargement: Europe in Search of Identity" Routledge 2007

4 Philip Alston, "Monitoring Fundamental Rights in the EU: The Contribution of the Fundamental Rights Agency" Hart Publishing 2005

5 Henry J. Steiner, "International Human Rights in Context: Law, Politics, Morals" Oxford University Press 2008

6 Stephen C. Sieberson, "Inching Toward EU Supranationalism? Qualified Majority Voting and Unanimity Under the Treaty of Lisbon" 50 : 919-, 2010

7 J.G. Merrills, "Human Rights in Europe: A Study of the European Convention on Human Rights" Manchester University Press 2001

8 Michael Burgess, "Federalism and the European Union: The Building of Europe, 1950-2000" Routledge 2000

9 Neil Walker, "Europe’s Area of Freedom, Security, and Justice" Oxford University Press 2004

10 Michelle Cini, "European Union Politics" Oxford University Press 2010

11 Andrew Williams, "EU Human Rights Policies: A Study in Irony" Oxford University Press 2005

12 Joseph Weiler, "Does the EU Need a Human Rights Charter?" 6 : 95-, 2000

13 Sergio Fabbrini, "Democracy and Federalism in the European Union and the United States: Exploring Post-National Governance" Routledge 2005

14 Koen Lenaerts, "Bill of Rights for the EU" 38 : 273-, 2001

15 Olivier De Schutter, "Anchoring the European Union to the European Social Charter: The Case for Accession, Social Rights in Europe" Oxford University Press 111-152, 2005

16 Philip Alston, "An ‘Ever Closer Union’ in Need of a Human Rights Policy, The EU and Human Rights" Oxford University Press 3-66, 1999