Page - 2 - in Austrian Law Journal, Volume 1/2020

ISSN: 2409-6911 (CC-BY) 4.0 license www.austrian-law-journal.at DOI:10.25364/01.7:2020.1.1 Fundstelle: Benedek, The Effectiveness of the Tools of the Council of Europe Against Democratic Backsliding: What Lessons Can be Learned from the “Greek Case”?, ALJ 2020, 1–21 (http://alj.uni- graz.at/index.php/alj/article/view/152). The Effectiveness of the Tools of the Council of Europe Against Democratic Backsliding: What Lessons Can be Learned from the “Greek Case”? Wolfgang Benedek,* Graz Abstract: The “Greek Case” which led to the de facto suspension of Greece in 1969 was a very particular part of the history of the Council of Europe in the protection of human rights and democracy. This contribution, based on a keynote given at a pertinent conference in Athens, will ask whether the spirit and political will to confront major human rights violations existing at that time can still be found in the Council of Europe of today. It will investigate the impact on the work of the Council of Europe at the time and draw some conclusions on lessons learned for today. In this context it will highlight the role of personalities acting on behalf of the Council of Europe at the time. It will also analyse the impact of its enlarged membership on the upholding of its values today. The institutions and tools at the disposal of the Council of Europe as the democratic conscience of Europe against democratic backsliding then and today will be compared with a view to the question of their effectiveness. In this context the examples of the Russian Federation and of Turkey regarding the challenges from anti-liberal forces and authoritarianism for democracy and human rights will be addressed as will be the use of the state of emergency. Which factors influence the “socialization” of member states to become guardians of common European values? Is the Council of Europe able to meet its accountability towards the citizens of Europe? This will lead to some conclusions on the legacy of the “Greek Case” for a proper response to the challenges of democratic backsliding and a shrinking space for human rights and the rule of law in the Council of Europe today as well as some recommendations for the future. Keywords: Council of Europe, Inter-state application, human rights tools, democracy, Parliamentary Assembly, Greece, Russian Federation, Turkey. I. Introduction1 The “Greek Case” has a central place in the history of the performance of the Council of Europe in the protection of human rights and democracy. It was a test case whether the bodies of the Council of Europe would be able to live up to the principles of their organization. This contribution will address some elements of this challenge and ask the question whether the political will to confront * Wolfgang Benedek is Professor at the Institute of International Law and International Relations of the University of Graz and former Director of the European Training and Research Centre for Human Rights and Democracy of the University of Graz. 1 This contribution is based on a keynote given at the International Conference on The “Greek Case” in the Council of Europe: A Game Changer for International Law and Human Rights? National and Kapodistrian University of Athens, 14 December 2019. Particular thanks go to Peter Leuprecht for his feedback on this contribution.