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9 Legal Issues of Eur. Integration 69 (1982)
Turkish Affair: A Test Case for the Council of Europe, The

handle is hein.kluwer/liei0009 and id is 185 raw text is: DIMITRIS C. CONSTAS* THE 'TURKISH AFFAIR': A TEST CASE FOR THE COUNCIL OF EUROPE I. INTRODUCTORYREMARKS For more than three decades the Council of Europe has played an instrumen- tal role in creating, slowly but persistently, a common social, cultural and political infrastructure that would eventually bring closer the growth leaders of European integration - the EEC Ten - with the broader Europe upon which federalists had focused their attention in the early post-war years. Gaps in the level of economic and political development or differences in cultural and historical background would not be an excuse for the original or future participants in this venture of European unity not to observe certain minimum standards of democracy.' In order to give substance to this statu- tory condition of membership, the member States concluded on 4 November 1950, under the auspices of the Council, the European Convention on Human Rights.2 This Convention gave birth to two supervisory and enforcement organs: the European Commission and the European Court of Human Rights which were linked with the institutional machinery of the Council of Europe establishing an implementation mechanism, whose supranational features remain without precedent in the history of the international protection of human rights.3 Until 1967, occasional short periods of political instability within member states left the system of the Convention unaffected. Despite the fact that it lacked concrete and effective sanctions, the Convention continued to function smoothly and to produce a body of legal norms that formed an integral and essential part of what may be called a Western European Identity. But on 21 April 1967 the coup d'6tat in Greece presented the institutional machinery of the Convention with a challenge of unprecedented proportions. The Greek M.A.L.D., Ph.D., The Fletcher School of Law and Diplomacy, Boston; Assistant Professor of International Relations, Pantios School of Political Sciences, Athens. 1. Statute of the Council of Europe (hereinafter: Statute) Arts. 3 and 8. 2. Hereinafter: ECHR. 3. On the Convention, see Robertson, European Institutions (1973), p. 50; Fawcett, The Application of the European Convention on Human Rights (1969); Weill, The European Convention on Human Rights (1963). Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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