The ambiguous complementarity of twins: co-operation between the European Union and the Council of Europe

ABSTRACT The co-operation between the European Union and the Council of Europe is traditionally regarded as complementary in the integrative process of the European continent. This study argues that such characterization constitutes a conceptual illusion, hiding an asymmetrical relationship with the potential to undermine the credibility of the Council of Europe. Through an analysis of the legal basis for co-operation, an examination of their institutional co-ordination, and an assessment of the operational integration achieved to date, the study illustrates how these two organizations interact in practice. It advances the argument that their relationship is shaped by a functional hierarchy, grounded in the diversity of their functions. By evaluating the degree of institutional and operational asymmetry in the protection and promotion of human rights, the study also assesses the implications that the Union’s accession to the European Convention on Human Rights, or its prolonged postponement, may have on the current cooperative framework.

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Publication Details

Journal
Human Rights Law Review
Published
2025-12-05
DOI
https://doi.org/10.1093/hrlr/ngaf046
Primary Topic
European Union Policy and Governance
Type
article
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0.00
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article

The ambiguous complementarity of twins: co-operation between the European Union and the Council of Europe

Antonio Di Marco
Human Rights Law Review
European Union Policy and Governance
article

The ambiguous complementarity of twins: co-operation between the European Union and the Council of Europe

Antonio Di Marco
article en

Abstract

ABSTRACT The co-operation between the European Union and the Council of Europe is traditionally regarded as complementary in the integrative process of the European continent. This study argues that such characterization constitutes a conceptual illusion, hiding an asymmetrical relationship with the potential to undermine the credibility of the Council of Europe. Through an analysis of the legal basis for co-operation, an examination of their institutional co-ordination, and an assessment of the operational integration achieved to date, the study illustrates how these two organizations interact in practice. It advances the argument that their relationship is shaped by a functional hierarchy, grounded in the diversity of their functions. By evaluating the degree of institutional and operational asymmetry in the protection and promotion of human rights, the study also assesses the implications that the Union’s accession to the European Convention on Human Rights, or its prolonged postponement, may have on the current cooperative framework.

Human Rights Law ReviewVol. 26(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 17%
European Union Policy and Governance
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