Reform of the system of the European Convention of Human Rights

www.coe.int/reformECHR
 
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About the reform

History of the reform
Secretariat

 

Plenary bodies

Steering Committee for Human Rights (CDDH)

Committee of Experts on the system of the European Convention on Human Rights (DH-SYSC)
 

Drafting Groups

GT-GDR-A

GT-GDR-B

GT-GDR-C

GT-GDR-D

GT-GDR-E
GT-GDR-F
GT-GDR-G

 

Information concerning the implementation of the Convention and execution of the Court's judgments

Re-examination or reopening of cases following judgments of the Court
Verification of the compatibility of legislation with the Convention

 

High level Conferences

Brussels, 26-27 March 2015

Declaration
Proceedings

Brighton, 18-20 April 2012

Declaration
Proceedings
Background documents

Izmir, 26-27 April 2011

Declaration
Proceedings
Background documents

Interlaken, 18-19 February 2010

Declaration
Proceedings
Preparatory contributions
Background documents

Strasbourg, 20 June 2016
 

DH-SYSC-I (2016)OJ001

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH) (CDDH)

______

COMMITTEE OF EXPERTS ON THE SYSTEM OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
(DH-SYSC)

______

DRAFTING GROUP I ON THE FOLLOW-UP TO THE CDDH REPORT
ON THE LONGER-TERM FUTURE OF THE CONVENTION
(DH-SYSC-I)

______

1st meeting

Wednesday 29 (9:30) – Friday 1 July 2016
(end of the meeting: 1 p.m.)

Strasbourg, Agora building, Meeting room G01

______

DRAFT ANNOTATED AGENDA
_____

Item 1 : Opening of the meeting, adoption of the agenda and order of business and election of the Vice-Chairperson

General documents

- Draft annotated agenda

DH-SYSC-I(2016)OJ001

- Report of the 85th CDDH meeting (15-17 June 2016)

CDDH(2016)R85

- Report of the 1st DH-SYSC meeting (25-27 April 2016)

DH-SYSC(2016)R1

- Report of the 84th CDDH meeting (7-11 December 2015)

CDDH(2015)R84

- Report of the 9th DH-GDR meeting (17-20 November 2015)

DH-GDR(2015)R9

- CDDH report on the longer-term future of the system of the European Convention on Human Rights

CDDH(2015)R84 Addendum I

- Brussels Declaration

CDDH(2015)004

- Brighton Declaration

CDDH(2012)007

- Izmir Declaration

CDDH(2011)010

- Interlaken Declaration

CDDH(2010)001

- Rome Declaration

 

- Decisions adopted at the 1252nd meeting of the Ministers’ Deputies on the CDDH Report on the longer-term future of the system of the European Convention on Human Rights (30 March 2016)

DH-SYSC(2016)009

- Terms of reference of the Committee of Experts on the System of the European Convention on Human Rights (DH-SYSC) for 2016-2017

DH-SYSC(2016)003

- Committee of Ministers’ Resolution CM/Res(2011)24 on

    intergovernmental committees and subordinate bodies, their terms of reference and working methods

CDDH(2011)012

      After the opening of the meeting by the Chairperson, Mr Vt A. SCHORM (Czech Republic), the Group is invited to adopt the agenda. It is also invited to proceed to the election of its Vice-Chairperson according to the provisions of Resolution CM/Res(2011)24 of the Committee of Ministers.

Item 2 : Work on the selection and election process of judges of the European Court of Human Rights

Working document

- Working document in view of the 1st DH-SYSC-I meeting

DH-SYSC(2016)003
New 27/06/2016

Main reference documents

- Report of the 1st DH-SYSC meeting (25-27 April 2016)

- CDDH report on the longer-term future of the system of the European Convention on Human Rights

CDDH(2015)R84 Addendum I

- Comment from the Court on the report of the CDDH on the longer-term future of the Convention system

#5281071

- Guidelines of the Committee of Ministers on the selection of candidates for the post of judge at the European Court of Human Rights

CM(2012)40-final
CM(2012)40-addfinal

- Report of the CDDH on the review of the functioning of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights

CDDH(2013)R79 Addendum II

- Contributions submitted in the framework of the GT-GDR-F work

DH-SYSC-I(2016)001

- Compilation of information submitted in the framework of the national reports on the implementation of the Brighton Declaration

DH-SYSC-I(2016)002

- Procedure for electing judges to the European Court of Human Rights - Information document prepared by the Secretariat of the Parliamentary Assembly – Committee on the election of judges to the Court

AS/Cdh/Inf (2016) 01 rev 4

- Country-by-country table of progress - Information document prepared by the Secretariat of the Parliamentary Assembly – Committee on the election of judges to the Court

 

- Activity Report of the Advisory Panel of Experts on Candidates for Election as Judge to the Court (2010-2013)

Advisory Panel (2013)12 EN

- Activity Report of the Advisory Panel of Experts on Candidates for Election as Judge to the Court (2014-2015)

Advisory Panel (2016)1
New 27/06/2016

- Comparative survey on the recognition of service as a Judge of the European Court of Human Rights

DD(2013)1321

At their 1252nd meeting, the Ministers’ Deputies welcomed the report of the CDDH on the longer-term future of the system of the European Convention on Human Rights, took note of the Court’s comments on the report, and agreed on its follow-up.

Concerning the work entrusted to the CDDH, the Deputies agreed on the following:

      “deemed it essential that the judges of the Court enjoy the highest authority in national and international law and to this end instructed the CDDH to examine, while securing the participation of the Court and all other relevant actors concerned, the whole selection and election process, including all factors that might discourage possible candidates from applying, in the light of conclusion 203 i) and the relevant paragraphs of the report”.

With a view to the 1st meeting of the DH-SYSC-I (29 June – 1st July 2016), the Committee of experts on the system of the European Convention on Human Rights (DH-SYSC) held an exchange of views with all actors concerned by the selection and election process of judges of the Court, namely the Parliamentary Assembly, represented by Mr Wojciech SAWICKI, Secretary General of the Parliamentary Assembly, accompanied by Mr Andrew DRZEMCZEWSKI, Head of the Legal Affairs and Human Rights Department ; the Registry of the European Court of Human Rights, represented by Mr Roderick LIDDELL, Registrar of the Court, and the Advisory Panel of Experts on Candidates for Election as Judges to the Court, represented by Mr John MURRAY, Chairperson, accompanied by Mr Jrg POLAKIEWICZ, Director of Legal Advice and Public International Law.

The Committee gave the following guidance to the DH-SYSC-I:

    - consider all the parameters of the selection and election process in light of the CDDH report on the longer term future of the Convention system while preserving the credibility of the Court. The situation of judges of the Court once their term of office has expired will as well be considered, also in light of information provided by member States1;
    - take into consideration a) the work and reflections of all actors concerned, including good practices developed and outstanding challenges, while ensuring the appropriate level of confidentiality and b) the previous work carried out by the CDDH including the work of the Ad Hoc Working Group on national practices for the selection of candidates for the post of judge at the European Court of Human Rights (CDDH-SC);
    - examine the procedures and practices of selection/election of judges in other international and regional courts and in highest national courts;
    - examine possible measures to respond to the challenges identified with an inclusive approach (i.e. without excluding responses that would require an amendment to the Convention) while focusing on practical solutions improving the current system. This work should involve a feasibility study.

The Committee instructed the Secretariat to prepare a document, for the first meeting of the DH-SYSC I, presenting all the steps of the process of selection/election, the work and reflections of all relevant actors concerned (including the previous work carried out by the CDDH) as well as a comparative study of the practices of selection and election of judges in other international and regional courts. This document could also contain references to relevant academic work.

At its 85th meeting (15-17 June 2016), the CDDH endorsed the guidance given by the DH-SYSC to the DH-SYSC-I.

      The Group is invited to examine the working document prepared by the Secretariat in light of the guidance given by the DH-SYSC. It is also invited to define its working methods for the present meeting and for the continuation of its work.

Item 3 : Organisation of future work

      The Group is invited to take any further decisions necessary to the organisation of its future work.

Item 4 : Adoption of the conclusions and the meeting report

Working document

- Draft Report of the 1st DH-SYSC-I meeting (29 June – 1 July 2016)

DH-SYSC-I(2016)R1

    The Group is invited to adopt the conclusions and the meeting report.

* * *

1 In March 2014, following concerns expressed by the President of the Court, the Ministers’ Deputies adopted a number of decisions on the recognition of service as a judge of the Court. They called upon States Parties to address appropriately the situation of judges of the Court once their term of office has expired and invited them to provide any relevant information on the follow-up given to this decision. Some member States have provided information on this issue. The Committee of Ministers’ decision of 30 March 2016 on the CDDH report on the longer term future of the Convention system covers also this question.