3 The institutions
3.1 Introduction
NATO membership is the cornerstone of Norwegian security policy. Norway has been a member of NATO since the alliance was established in 1949. NATO’s purpose is to guarantee the freedom and security of its members and safeguard their democratic values and institutions. Since the Cold War, NATO has expanded to include a number of countries in Central and Southeast Europe and today consists of 32 members.
NATO and the Council of Europe were established in the same year. The OSCE, as we know it today, came into being later as a continuation of the Conference on Security and Co-operation in Europe (CSCE), which was established during the Cold War when Europe was divided between East and West.
During the same period, the EU emerged as the dominant political actor on the continent.
Figure 3.1 Membership of the Council of Europe, EU, OSCE and NATO
Source: Ministry of Foreign Affairs
3.2 The EU
The EU’s work to strengthen democracy and the rule of law
The European Union currently has 27 Member States. EU co-operation covers several policy areas and involves both supranational and intergovernmental governance. EU co-operation is based on the rule of law and the EU has developed its own legal system in which the European Court of Justice is responsible for interpreting EU law.
EU co-operation is based on a shared community of democratic values. Article 2 of the Treaty on European Union (TEU) defines its foundational values and establishes the rules that are to govern co-operation. In addition to the values mentioned in Article 2, the EU’s Charter of Fundamental Rights and the European Convention on Human Rights (ECHR) are also considered foundational principles of EU law (Article 6 TEU).
Textbox 3.1 Article 2 of the TEU
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
The EU’s efforts to protect and strengthen democracy take place in three areas: in foreign and development policy, in enlargement policy, and internally through co-operation between Member States and the various EU institutions.
Recognising that democracy is under threat in various ways, the EU has in recent years developed a number of mechanisms and new policies to promote and monitor democracy and the rule of law, both internally and externally.
Foreign and development policy
In its external action, the EU is to promote the same democratic values on which the EU itself was founded (Art. 21, 3(5) and 8 TEU). In bilateral co-operation with individual countries, this is done using the same policy instruments we know from Norwegian foreign and development policy, including diplomacy, capacity building and conditional funding for both governments and civil society. The EU also organises and coordinates election observation through its European External Action Service (EEAS) in many parts of the world. These efforts involve some geographical division of labour between the EU and the OSCE/ODIHR. The EU has also adopted an Action Plan on Human Rights and Democracy for the period 2020-2027 and developed several publicly available guidelines for its representations around the world for work on human rights in various contexts. The EU also publishes annual reports on the global situation for human rights and democracy.
The EU is not, in its organisational capacity, a member of international organisations such as the UN, the Council of Europe and the OSCE, but has its own accredited delegations that coordinate Member States’ positions and efforts in order to strengthen the influence and impact of common values and interests.
Enlargement policy
When the European Coal and Steel Community, the forerunner of today’s EU, was established in 1952, the majority of European countries were under authoritarian rule. As these countries transitioned away from authoritarian rule – Spain, Portugal and Greece in the 1970s, Central and Southeast Europe from 1989 and the Baltics from 1990 – the goal of EU membership provided direction for democratisation, and membership itself had a stabilising effect during the vulnerable initial phase. The EU’s contributions to reconciliation and democratisation through enlargement was the Nobel Committee’s main reason for awarding the EU the Nobel Peace Prize in 2012.
The enlargement policy’s requirements for democracy, the rule of law and fundamental rights have become increasingly comprehensive. Membership in the Council of Europe and compliance with its standards for democracy, the rule of law and respect for human rights is a prerequisite for EU membership. The pace of the membership process is now determined by progress in adapting to the EU’s accession criteria related to an independent judiciary, respect for human rights, and standards in justice, freedom, and security. Negotiations in these areas are the first to open and the last to close during the accession process. If a candidate country fails to meet the interim benchmarks in these areas, the EU will not open or close other negotiation chapters until the benchmarks are met. This gives the EU considerable influence over the development of human rights, democracy and the rule of law in the candidate countries.
Climate and environmental policy
Sustainable development and protection of the environment are integral parts of the EU’s treaty basis and form part of all EU policy areas, including foreign and development policy. Norway co-operates closely and extensively with the EU on climate and environmental issues through the EEA Agreement and the Green Alliance we have established with the EU. This also provides a backdrop for Norway’s co-operation with the EU in the Council of Europe insofar as this is covered by the mandate and work of these organisations.
Promotion of democracy in the EU
EU co-operation is based on democratic values, defined in Article 2 TEU. A separate sanction mechanism, set out in Article 7 TEU, addresses breaches of Article 2 TEU, but has rarely been invoked. Legal proceedings against Member States that undermine the rule of law, democracy and fundamental rights have taken place through the EU’s ordinary infringement procedure laid down in Article 258 TFEU. In addition, the EU has developed, particularly since 2020, several preventive and sanctioning measures.
Article 7
Article 7 TEU addresses the failure of EU Member States to respect the common values set out in Article 2 TEU. According to Article 7(1), the European Council, acting by a four-fifths majority and with the support of the European Parliament, may determine that there is a «clear risk of a serious breach» by a Member State of the common values of the Union. Before a decision is made, the Council shall seek the views of the Member State concerned and may make recommendations on how the situation can be rectified.
This preventive procedure has been initiated twice: first in 2017 against Poland, and then in 2018 against Hungary. Once the procedure is activated, the Council is required to regularly review the situation. In the spring of 2024, the case against Poland was closed following the submission of a detailed action plan by Donald Tusk’s government to restore the rule of law in Poland. The procedure against Hungary remains ongoing; however, the Council has not yet determined that there is a clear risk of a serious breach of the EU’s fundamental values. Nor has the Council adopted any recommendations on what Hungary must do to rectify the situation.
Article 7(2) TEU constitutes the sanctioning phase of the procedure. It allows for the Council (by qualified majority) to suspend a Member State’s rights, including voting rights in the Council. This can only happen when the Council (unanimously, less the country concerned) determines the existence of a «serious and persistent breach» of the EU’s values by the Member State in question. To date, Article 7(2) TEU has never been invoked. However, the European Parliament has repeatedly called for its application in relation to Hungary.
Actions for failure to fulfil obligations (infringement procedure)
The Commission monitors Member States’ compliance with EU law and may bring a case before the European Court of Justice should a Member State fail to fulfil its obligations (Article 258 TFEU). If a Member State fails to comply with a judgment of the Court of Justice, the Commission may bring the case back before the Court, which may impose financial penalties on the Member State concerned (Article 260(2) TFEU).
Such treaty infringement proceedings, particularly in relation to the EU’s internal market, have been an important means of indirectly protecting fundamental rights and values. For example, the Commission has used the competition rules to safeguard media pluralism in Member States, state aid rules to address cases where public funding is systematically channelled to certain media outlets, and public procurement rules to tackle nepotism and corruption.
Member States have traditionally been reluctant to intervene in proceedings against other Member States, unless the case directly concerns clearly defined national interests. Member States now appear to increasingly view breaches of values in other Member States as a shared concern, with direct detriment to their own citizens. A recent example is the infringement proceedings against Hungary’s ‘anti-LGBTIQ+ Law’ where 16 countries intervened in support of the Commission’s legal action. A similar engagement can be expected in the upcoming proceedings against Hungary’s ‘national sovereignty law’.
The European Court of Justice, for its part, has increasingly incorporated the EU’s fundamental values into its case law, confirming that these values are legally binding.
Rule of law dialogue
In 2020, the EU launched the annual Rule of Law Dialogue, which has since become the EU’s most far-reaching tool for monitoring developments in Member States. The dialogue, which takes place both centrally in Brussels and nationally in each Member State, involves governments, national assemblies and civil society, as well as the Commission, the Council and the European Parliament. The dialogue is based on the Commission’s annual Rule of Law Report, which provides an assessment of the state of the rule of law in each Member State. Assessments by the Council of Europe’s bodies provide a frame of reference. Since 2022, the report has been expanded to include country-specific recommendations. Since 2024, the candidate countries Albania, Montenegro, North Macedonia and Serbia are also subject to the review. From 2025, the report will be expanded to include assessments of rule of law issues of importance to the single market, and in particular small and medium-sized enterprises. The dialogue, now in its sixth year, has meant that rule of law issues are almost constantly on the Council’s agenda. It is clear from developments in the majority of Member States that awareness of the rule of law and institutional and legal frameworks have been strengthened as a result of the annual follow-up. The report and methodology are widely accepted among Member States, but the governments of Hungary and Slovakia rejected the 2024 report outright, believing the findings to be politically motivated.
Withholding of funds
The most recent additions to the EU’s toolbox are three regulations: the Rule of Law Conditionality Regulation, the Common Provisions Regulation for the cohesion funds, and the Recovery and Resilience Facility recovery package post-COVID-19. Each of these regulations enables a financial response to value-related shortcomings and breaches within Member States. In December 2022, action was taken against Hungary on the basis of all three regulations, and against Poland on the basis of two of them. The measures implemented against Poland were lifted in the spring of 2024 as a result of the Tusk Government’s Action Plan on the rule of law, which included measures to remedy precisely the shortcomings that caused the EU withhold payments. In December 2023, the Commission found that Hungary had complied with some of the requirements under the Common Provisions Regulation for the cohesion funds and decided to unblock EUR 10.2 billion in frozen funding under this regulation. This decision was highly controversial, and the European Parliament has since referred the matter to the European Court of Justice for a judicial review (pending). In total, around EUR 21 billion remains frozen.
A much-discussed measure for the upcoming negotiations on the long-term budget for 2028-34 is to make EU payments conditional on whether Member States fulfil requirements for necessary reforms and adhere to fundamental values. The Commission has clearly indicated that these measures will feature in the long-term budget proposal. Such an arrangement would enable a more stringent response to rule of law backsliding. The Commission has also announced that already under the current budget it will prioritise closer monitoring to ensure that EU funds are spent in accordance with fundamental values.
Other policy instruments
The European Union Agency for Fundamental Rights (FRA) was established in 2007. The FRA’s mandate includes delivering evidence-based advice on human rights to inform EU policymaking. The FRA has considerable analytical and research capacity, but does not have the authority to systematically monitor Member States’ compliance with the EU’s values, although this was considered during its establishment. The European Parliament has on several occasions, most recently in 2024, requested that the FRA’s mandate be strengthened to include monitoring the conditions for fundamental rights in Member States.
Modelled on, among other things, the EEA and Norway Grants, the EU has established the Citizens, Equality, Rights and Values (CERV) programme to support civil society and promote democratic values and human rights. CERV’s budget for the period 2021-28 is EUR 1.1667 billion. EU Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Michael McGrath has also been tasked with establishing a platform for closer dialogue with and increased support for civil society, activists and human rights defenders.
The latest preventive measures in the EU’s toolbox is the Defence of Democracy package, which aims to prevent foreign interference and the undermining of democratic institutions and processes. The Commission has announced that the regulatory framework will be further bolstered through the upcoming European Democracy Shield, a new package of measures specifically designed to strengthen and protect information integrity. This is a consideration that has already partially been addressed by the Digital Services Act (DSA), which has been identified as being EEA-relevant.
3.3 The Council of Europe
The Council of Europe emerged from the ashes of World War II, based on the belief that unity around common values – democracy, the rule of law, and human rights – would foster European integration, thereby ensuring that such a conflict would never occur again.
The Council of Europe is an intergovernmental organisation mandated to promote human rights, democracy, and the rule of law in its 46 member states. Norway was among the 10 states that signed the Treaty establishing the Council of Europe in London in May 1949. At its first summit in Vienna in 1993, the Council of Europe decided to open its doors to all Central and Eastern European countries that shared its values. Since then, almost all European states have become members, with the exception of Belarus and Kosovo (candidate country), and Russia, which was excluded on 16 March 2022.
The Council of Europe is headed by a Secretary General, a committee of representatives of Member States (Committee of Ministers) and a Parliamentary Assembly (PACE). The European Court of Human Rights (ECtHR) in Strasbourg rules on cases in which Council of Europe Member States are accused of violating the European Convention on Human Rights (ECHR). Other key actors are the European Commission for Democracy through Law (Venice Commission), the Commissioner for Human Rights and the Congress of Local and Regional Authorities.
Figure 3.2 Structure of the Council of Europe
Source: Ministry of Foreign Affairs
The Council of Europe’s working method is based on a strategic triangle consisting of: (i) standard-setting (conventions), (ii) monitoring compliance with the obligations arising from these standards, and (iii) providing technical assistance to Member States to support the fulfilment of these obligations.
The conventions are drafted and adopted by Member States through the Committee of Ministers, with input from sub-committees and working groups, and are legally binding agreements to which Member States may accede. While some conventions require endorsement by all Member States, most are left to the discretion of each individual Member State. Many of the conventions allow for endorsement beyond the Council of Europe Member States, thereby facilitating the dissemination of these standards outside of Europe. In addition to legally binding conventions, the Committee of Ministers, and its sub-groups and working groups, produce a number of recommendations, guidelines, and other texts aimed at Member States.
In addition to its standard-setting and monitoring work, the Council of Europe provides assistance at the country level to Member States seeking technical guidance and practical assistance with legislation, and expertise and institution building. At the heart of these efforts is the Venice Commission, which offers legal advice to Member States and others, particularly in relation to constitutional, electoral and human rights legislation.
Textbox 3.2 Key Council of Europe conventions
The European Convention on Human Rights (ECHR) was adopted in 1950 and entered into force in 1953. It is the Council of Europe’s first convention and the cornerstone of all its activities. Its ratification is a prerequisite for joining the organisation.
The ECHR sets out absolute rights that do not allow for any derogation by the High Contracting Parties. In addition, it protects certain rights and freedoms that may only be subject to such limitations as are prescribed by law and are necessary in a democratic society.
The European Court of Human Rights (ECtHR) oversees the implementation of the Convention in all Member States. Complaints of human rights violations may be brought before the Court once domestic remedies have been exhausted.
The Court’s judgements are binding on Norway, and the ECHR is incorporated into the Norwegian Human Rights Act.
The European Social Charter was adopted in 1961 and revised in 1996. Norway ratified the Revised European Social Charter in 2001.
The European Social Charter guarantees fundamental social and economic rights, thereby complementing its counterpart, the ECHR, which guarantees civil and political rights. It guarantees a wide range of rights related to employment, housing, health, education, social protection, and welfare.
The Social Charter lays specific emphasis on the protection of vulnerable persons and requires that enjoyment of the above-mentioned rights be guaranteed without discrimination.
The European Committee of Social Rights (ECSR) monitors compliance with the European Social Charter. This is done through the submission of national reports and a collective complaints mechanism that 16 countries have accepted, including Norway.
The Framework Convention for the Protection of National Minorities is the first legally binding multilateral instrument of its kind.
Norway ratified the Convention in 1999. As a State Party, Norway has committed itself to promoting the conditions necessary for national minorities to maintain and develop their identity, language and culture. The principles concerning full and effective equality between national minorities and the majority population are pivotal. A key principle of the Framework Convention is that minorities shall be ensured effective participation in cultural, social and economic life and in public affairs, in particular those affecting them.
The Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law is the first-ever international legally binding instrument in this field. The Framework Convention is designed to ensure that artificial intelligence upholds common standards in human rights, democracy and the rule of law, and to minimise the risk of those rights and principles being undermined as a result of the use of artificial intelligence.
The Framework Convention is complemented by sector-specific work throughout the Council of Europe.
Norway was one of the first countries to sign the Framework Convention on 5 September 2024. The Framework Convention enters into force once five states have ratified it.
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention, entered into force for Norway in 2017. It is based on the understanding that violence against women is a form of gender-based violence that is directed against women because they are women. The state has a duty to combat violence against women and domestic violence fully in all its forms, and to introduce measures to prevent violence against women, protect victims and prosecute perpetrators.
The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) is the independent monitoring body of States Parties’ compliance with the Convention. Its first report on Norway was published in 2022.
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted in 1987 and entered into force for Norway in 1989. It is based on Article 3 of the ECHR, which states that «[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment».
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visits to places of detention to how persons deprived of their liberty are treated. Such places of detention include prisons, juvenile detention centres, police stations, holding centres for immigration detainees, psychiatric hospitals, and social care homes.
After each visit, the CPT produces a detailed report containing recommendations, comments and requests for information.
Source: Council of Europe and regjeringen.no
3.4 Interaction between Norway, the Council of Europe and the EU
The European community of common values forms the basis for the close co-operation between Norway, the Council of Europe and the EU.
Although the EU is not, in its organisational capacity, a member of the Council of Europe, it participates in many of the organisation’s processes, including negotiations for accession to the ECHR and specialist committees such as the Steering Committee for Human Rights.
The Council of Europe and the EU have a common interest in addressing challenges related to human rights, democracy and the rule of law both in member states and in neighbouring countries. Co-operation takes place through joint programmes and financial contributions. Among other things, the EU contributes to funding the Venice Commission, which provides legal advice on constitutional matters and democratic standards, as well as the Council of Europe’s action plans in non-EU member states.
The EU works to strengthen the rule of law in its Member States both through internal EU mechanisms and in co-operation with Norway, as a contributor through the EEA and Norway Grants. The EU’s efforts to promote human rights and democracy extend beyond its own Member States to encompass candidate countries, neighbouring countries and third countries. The European Neighbourhood Policy (ENP) and bilateral action programmes aim to strengthen the rule of law, human rights and democracy. This work is complemented by the co-operation between the EU and the Council of Europe at the country level.
Through voluntary contributions to the Council of Europe’s programmes, Norway strengthens efforts in EU candidate countries or countries on the periphery of Europe. Norway’s assistance is aligned with the requirements of the ENP to minimise and simplify the requirements and standards involved for beneficiary states.
This comprehensive co-operation between the Council of Europe and the EU, with Norway as a key contributor, provides a strong foundation for defending democracy, human rights and the rule of law both within and beyond Europe’s borders. Together, these organisations ensure broad and effective co-operation for peace, stability and support for common values.
EU co-operation with the Council of Europe
All EU Member States are members of the Council of Europe and have ratified the European Convention on Human Rights (ECHR). When the Treaty of Lisbon, amending the Treaty on European Union, entered into force in 2009, the EU itself was required to accede to the ECHR (Art. 6(2) TEU), thereby enabling the prosecution of allegations of human rights violations by EU institutions. Norway has been facilitating negotiations between the EU and the Council of Europe for several years. The first draft agreement was rejected by the European Court of Justice, which ruled that the draft agreement would be incompatible with the EU treaties. A new draft agreement was finalised in 2023. This draft addressed all of the European Court of Justice’s concerns with the initial draft, except for the issue of the extent of the Court’s jurisdiction within the EU’s Common Foreign and Security Policy (CFSP). This issue has hopefully been resolved following a ruling by the European Court of Justice in the autumn of 2024. The next step is for the Commission’s Legal Service to send the new draft agreement to the European Court of Justice for an opinion, likely by summer 2025. It is difficult to estimate how long the Court will take to issue its opinion, but it is assumed that it could take anywhere from 6-18 months. Subsequently, all 46 Council of Europe Member States must ratify the amending agreement, meaning that the process may still take several years to complete.
According to the Council of Europe’s Reykjavík Declaration (see figure in Box 5.1), the EU is the main institutional partner of the Council of Europe in political, legal, and financial terms. The EU is the largest contributor outside the joint budget, and the co-operation between the two organisations is close and good – underscored by various joint programmes, events and statements. The EU’s priorities for co-operation with the Council of Europe are set out in separate Council conclusions every two years. The priorities for 2025-26 were adopted in December 2024. Therein, the EU reaffirms its ongoing commitment to the effective functioning of the Council of Europe’s conventions and builds on its decision to accede to the ECHR. The conclusions also highlight EU enlargement as a strategic investment in peace, security, stability and prosperity across Europe, with the EU and Council of Europe joint programmes playing an important role in supporting reforms related to human rights, democracy and the rule of law.
For Norway, as a non-EU member, it can be challenging that the EU’s continuous expansion of its Union competence leads to a corresponding narrowing of the Member States’ competence within the Council of Europe. We will gradually see more areas in which the Commission will speak on behalf of Member States, or where EU Member States are required by EU law to coordinate. Examples of this are the recent negotiations on artificial intelligence and the protection of the environment through criminal law.
Relations between the EU and the Council of Europe are good, and the EU generally plays a positive role in the Council of Europe’s work. On the other hand, EU Member States will, in some cases, be required to coordinate their positions and, in certain instances, vote in unison. The views of the EU and its Member States are coordinated in Brussels. The EU now has 27 Member States, but a further expansion by at least four countries would grant the EU a two-thirds majority in the Council of Europe. The EU and its Member States will then become a dominant actor on many issues, which will alter the dynamics of the Council of Europe. Norway will make it clear that we seek effective participation by non-EU countries in the Council of Europe’s standard-setting.