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, 14 April 2016
 

DH-SYSC(2016)OJ001 REV.

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

______

COMMITTEE OF EXPERTS ON THE SYSTEM OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

(DH-SYSC)

______

1st meeting

Monday 25 (9.30 a.m.) – Wednesday 27 April 2016

(end of the meeting: 1 p.m.)

Strasbourg, Agora building,

Meeting room G03

______

REVISED DRAFT ANNOTATED AGENDA

_____

Item 1: Opening of the meeting, adoption of the agenda and order of business

General reference documents

- Draft annotated agenda

DH-SYSC(2016)OJ001rev

- Draft order of business

DH-SYSC(2016)OT001

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

CDDH(2015)R84

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

CDDH(2015)R84 Addendum I

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

DH-GDR(2015)R9

- Brussels Declaration

CDDH(2015)004

- Brighton Declaration

CDDH(2012)007

- Izmir Declaration

CDDH(2011)010

- Interlaken Declaration

CDDH(2010)001

- Rome Declaration

 

- 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

- 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

- 9th Annual Report of the Committee of Ministers on the supervision of the execution of judgments and decisions of the European Court of Human Rights, 2015

Link to the document

- 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, Ms Isabelle NIEDLISPACHER (Belgium), the Committee is invited to adopt the agenda and the order of business.

Item 2: Draft report on the measures taken by member States to implement the relevant parts of the Brighton Declaration

Working document

- Draft report on measures taken by member States to implement the relevant parts of the Brighton Declaration

DH-SYSC(2016)004 REV

Reference documents

- Compilation of national reports on the implementation of the Brighton Declaration

DH-SYSC(2016)005 REV
[NB: This document includes 368 pages]

- Compilation of drafting contributions on the preliminary draft report on measures taken by member States to implement the relevant parts of the Brighton Declaration

DH-SYSC(2016)010 REV

- 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

In the framework of the measures taken by member States to implement the relevant parts of the Brighton Declaration and according to its terms of reference for 2016-2017, the Committee is required to “prepare a draft report for the Committee of Ministers containing (a) an analysis of the responses given by member States in their national reports, and (b) possible recommendations for follow-up (deadline: 30 June 2016)” (specific task i)).

      The Committee is invited to examine the draft report on the measures taken by member States to implement the Brighton Declaration. A preliminary draft report, prepared by the Secretariat, was revised in light of comments of the experts and was subsequently transmitted before the meeting with a view to its adoption by the DH-SYSC and its transmission to the CDDH for adoption at its 85th meeting (15-17 June 2016), and then for its presentation to the Committee of Ministers before 30 June 2016.

Item 3: Follow-up of the CDDH report on the longer-term future of the system of the European Convention on Human Rights

Reference documents

- 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

- 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

- 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

At its 9th meeting, the Committee of experts on the reform of the Court (DH-GDR) agreed that “subject to the decisions which will be taken by the Ministers’ Deputies and the deadlines set for the possible work, the follow-up work could be entrusted to working groups focusing on subjects related to the work to be carried out” (see DH-GDR(2015)R9, Appendix III). The CDDH then decided that a first Drafting Group of the DH-SYSC on the follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-I) would meet from 29 June to 1st July 2016, from 19 to 21 October 2016 and in February 2017. A second Drafting Group (DH-SYSC-II) would meet in March, June and September 2017 (see CDDH(2015)R84, Appendix X).

At its 84th meeting, the CDDH considered that “it would be useful if the DH-SYSC, like the CDDH, invites bodies and figures specialised in some of the work that this new Committee will carry out during the biennium 2016–2017, notably regarding the follow up work to the report on the longer-term future of the system of the Convention” (see CDDH(2015)R84, paragraph 9).

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 the follow-up to it.

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;”

    - “instructed the CDDH to carry out a detailed analysis of all questions relating to the place of the Convention in the European and international legal order and on the medium-term and longer-term prospects, in the light of the relevant paragraphs of the report (conclusion 203 iii).”

Preparatory work regarding the first analysis will be entrusted to the DH-SYSC-I, which will hold its 1st meeting from 29 June to 1st July 2016.

According to the invitation of the Ministers’ Deputies to secure the participation of the Court and all other relevant actors concerned by the selection and election process of judges of the Court, all stakeholders were invited and will attend the 1st meeting of DH-SYSC, 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 Judge to the Court, represented by Mr John MURRAY, Chairperson, accompanied by Mr Jrg POLAKIEWICZ, Director of Legal Advice and Public International Law.

      The Committee is invited to exchange views with all relevant actors concerned and to give guidance to DH-SYSC-I, responsible for analysing the whole selection and election process of judges, concerning potentially both substance and working methods of the Drafting Group, with a view to its 1st meeting (29 June – 1st July 2016). The composition of DH-SYSC-I will be determined at the meeting (see item 7).

Item 4: Work on the Recommendation CM/Rec(2008)2 on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights

Reference documents

- Reference document in view of the work of DH-SYSC on the Recommendation CM/Rec(2008)2 on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights

DH-SYSC(2016)007

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

DH-GDR(2015)R9

- 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

    - 9th Annual Report of the Committee of Ministers on the supervision of the execution of judgments and decisions of the European Court of Human Rights, 2015

Link to the document

Concerning Recommendation CM/Rec(2008)2, the DH-SYSC is required to “take stock of its implementation, and make an inventory of good practices relating to it and, if appropriate, provide for updating the recommendation in the light of practices developed by the States Parties (deadline: 30 June 2017)” (specific task iv)).

The drafting group on Recommendation CM/Rec(2008)2 (DH-SYSC-REC) has been designed for this purpose and will be constituted at the first meeting of the DH-SYSC (see under item 7). The drafting group will meet from 23 to 25 May 2016.

      The Committee is invited to give its guidance to DH-SYSC-REC, on questions of substance as well as on working methods.

Item 5: Exchange of information on the verification of the compatibility of legislation with the Convention

Reference documents

- Reference document in view of the first exchange of views of DH-SYSC (1st meeting, 25-27 April 2016) on the implementation of the Convention and the execution of judgments : mechanisms for ensuring the compatibility of laws with the Convention (arrangements, advantages, obstacles)

DH-SYSC(2016)001

- Information on Recommendation Rec(2004)5 of the Committee of Ministers on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights extracted from the national reports on the implementation of the Brighton Declaration

DH-SYSC(2016)002

- Compilation of written contributions concerning mechanisms for ensuring the compatibility of laws with the Convention (arrangements, advantages, obstacles)

DH-SYSC(2016)006 REV

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

DH-GDR(2015)R9

At the 9th meeting of DH-GDR (17-20 November 2015), it was decided that the first exchange of information of the DH-SYSC on implementation of the Convention and the execution of the judgments of the Court would focus on the mechanisms for ensuring the compatibility of legislation with the Convention (arrangements, advantages, obstacles). This decision was endorsed by the CDDH at its 84th meeting (see CDDH(2015)R84, para. 8).

On 3 March 2016, the Chair invited the experts to send, by 18 April 2016, their replies to the Secretariat on the following questions:

    1) What mechanisms have been put in place at national level to ensure the compatibility of legislation (whether draft legislation, laws in force or administrative practice) with the Convention?  How do these work (whether or not they are systematic, the competent authorities and any consultations – whether optional or mandatory)? What are the advantages of the mechanism chosen?
    2) What obstacles have been encountered in establishing or applying these mechanisms? How have these been overcome?
    3) Is there any assessment (or planned assessment) of the appropriateness and effectiveness of the mechanisms in question?  If so, how does this work?  What obstacles have been encountered in setting up or carrying out such an assessment?

      The Committee is invited to hold an exchange of views in light of the written contributions submitted by member States (published online on the new web page dedicated on this theme and updated regularly) and the document of the Secretariat which will be prepared on this basis, and to decide on a follow-up.

Item 6: ‘Tour de table’ on chart of signatures and ratifications of Protocols Nos. 15 and 16 to the Convention and the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights

Reference documents

- Chart of signatures and ratifications of Protocols Nos 15 and 16 to the Convention and the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights

DH-SYSC(2016)008REV

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

CDDH(2015)R84

At its 84th meeting, the CDDH decided to entrust the DH-SYSC with the systematic follow-up on the prospects of signatures and ratifications of Protocols No. 15 and 16 to the Convention as well as the follow-up of the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights and specified that, in addition to request of information from concerned experts, awareness-raising actions could be envisaged to reach a higher number of signatures and ratifications of these instruments (see CDDH(2015)R84, para. 10).

      In light of the information submitted by the Secretariat before the meeting, the Committee is invited to hold a ‘Tour de table’ on the prospects of signatures and ratifications of the various instruments as well as on possible obstacles, and to exchange views on possible awareness-raising actions.

Item 7: Elections

Reference documents

- Preparation of the work to be carried out in 2016-2017: Proposals by the Secretariat

CDDH(2015)015 Rev.

- Committee of Ministers’ Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods

CDDH(2011)012

      According to the provisions of Resolution CM/Res(2011)24 of the Committee of Ministers, the Committee is invited to proceed to the election of:

    - Its vice-chair,
    - 8 members of DH-SYSC-I whose costs will be reimbursed, including its Chair,
    - 8 members of DH-SYSC-REC whose costs will be reimbursed as well, including its Chair.

Item 8: Organisation of future work and other business

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

Item 9: Adoption of the conclusions and meeting report

Working document

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

DH-SYSC(2016)R1

The Committee is invited to adopt the conclusions and report of the meeting.

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