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Strasbourg, 21 November 2012
 

GT-GDR-C(2012)OJ001
 
 

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

______

DRAFTING GROUP ‘C’ ON THE REFORM OF THE COURT
(GT-GDR-C)

______

1st Meeting

Strasbourg

Wednesday 12 December (9.30 a.m.) – Friday 14 December 2012

(close of meeting: 1.00 p.m.)

Agora, Meeting Room G02

______

DRAFT ANNOTATED AGENDA

_____

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

General documents

- Draft annotated agenda

GT-GDR-C(2012)OJ001

- Report of the 75th meeting of the CDDH (19-22 June 2012)

CDDH(2012)R75

- Report of the 2nd meeting of the DH-GDR (29-31 October 2012)

DH-GDR(2012)R2

- Report of the 1st meeting of the DH-GDR (17-20 January 2012)

DH-GDR(2012)R1

- Brighton Declaration

CDDH(2012)007

- Follow-up to the High-level Conference on the Future of the European Court of Human Rights (Brighton, 18-20 April 2012)

CDDH(2012)009REV.

- Izmir Declaration

CDDH(2011)010

- Committee of Ministers’ Resolution on intergovernmental committees and subordinate bodies, their terms of reference and working methods

CM/Res(2011)24

Once the Chairperson has opened the meeting, the Group is invited to adopt the agenda and order of business. It is then invited to proceed to the election of its Vice-Chairperson, in accordance with Committee of Ministers’ Resolution CM/Res(2011)24.

Item 2: Terms of reference and working methods

Reference documents

- Follow-up to the High-level Conference on the Future of the European Court of Human Rights (Brighton, 18-20 April 2012)

CDDH(2012)009REV.

The Group is invited briefly to exchange views on its terms of reference, in particular their procedural aspects and the working methods that it proposes to employ in order to fulfil them.

Item 3: Interim measures under Rule 39 of the Rules of Court

Reference documents

- Brighton Declaration

CDDH(2012)007

- Izmir Declaration

CDDH(2011)010

- Preliminary Opinion of the Court in preparation for the Brighton Conference

GT-GDR-C(2012)001

- Practice Direction: requests for interim measures (Rule 39 of the Rules of Court)

GT-GDR-C(2012)002

- Statistics on interim measures accepted and refused by State Party (1 January – 30 June 2012)

GT-GDR-C(2012)003

- Rule 39 decisions by year (2008-2011)

GT-GDR-C(2012)004

- Statement issued by the President of the European Court of Human Rights concerning requests for interim measures (Rule 39 of the Rules of Court) (11 February 2011)

GT-GDR-C(2012)005

- Research on ECHR Rule 39 interim measures (ECRE – European Council on Refugees and Exiles / ELENA – European Legal Network on Asylum)

Link to the document

The Brighton Declaration, “[recalled] that the Izmir Declaration invited the Committee of Ministers to consider further the question of interim measures under Rule 39 of the Rules of the Court; and invites the Committee of Ministers to assess both whether there has been a significant reduction in their numbers and whether applications in which interim measures are applied are now dealt with speedily, and to propose any necessary action” (para. 12.e)).

At its 2nd meeting (29-31 October 2012), the Committee of experts on the reform of the Court (DH-GDR) gave guidance to Group C on the issue of interim measures under Rule 39 of the Rules of Court, indicating that particular attention should be paid to the following aspects (see doc. DH-GDR(2012)R2 para. 13):

The Group is invited to begin its assessment of the questions raised in the Brighton Declaration, in the light of the guidance given by the DH-GDR.

Item 4: “Representative application procedure”

Reference documents

- Brighton Declaration

CDDH(2012)007

- Proceedings of the Round Table on “The right to trial within a reasonable time and short-term reform of the European Court of Human Rights”, organised by the Slovenian Chairmanship of the Committee of Ministers (Bled, 21-22 September 2009)

Link to the document

- Proceedings of the Seminar on “Ten Years of the ‘New’ European Court of Human Rights 1998-2008: situation and outlook”, organised by the Court (Strasbourg, 13 October 2008)

GT-GDR-C(2012)006

- “European Court Registrar calls for special measures to deal with influx of Hungarian pension cases” (press release, 11 January 2012)

GT-GDR-C(2012)007

- “Statement on Case-overload at the European Court of Human Rights”, European Law Institute, 6 July 2012

GT-GDR-C(2012)008

The Brighton Declaration, “[b]uilding on the pilot judgment procedure, [invited] the Committee of Ministers to consider the advisability and modalities of a procedure by which the Court could register and determine a small number of representative applications from a group of applications that allege the same violation against the same respondent State Party, such determination being applicable to the whole group” (para. 20.d)).

At its 2nd meeting (29-31 October 2012), the Committee of experts on the reform of the Court (DH-GDR) gave guidance to Group C on the question of a “representative application procedure”:

The Group is invited to begin addressing the issue raised in the Brighton Declaration, in the light of the guidance given by the DH-GDR.

Item 5: Organisation of future work

The Committee is invited to take any necessary decisions on the organisation of its future work, with a view to its second and final meeting (30 January – 1 February 2013).

Item 6: Other business

Item 7: Adoption of the conclusions and meeting report

Working document

- Draft report of the 1st meeting of the GT-GDR-B (12-14 December 2012)

GT-GDR-B(2012)R1

The Group is invited to adopt the final decisions of the meeting.