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

Information concerning the implementation of the Convention and execution of the Court’s judgments: verification of the compatibility of legislation with the Convention

Introduction

In accordance with its terms of reference, the DH-SYSC ensures, as was the case for the DH-GDR, that information concerning the implementation of the Convention and execution of the Court’s judgements is exchanged regularly ‒ in order to assist member States in developing their domestic capacities and facilitate their access to relevant information.

At the 9th meeting of the DH-GDR (17-20 November 2015), it was decided that the first exchange of the DH-SYSC will concern 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).

At its 1st meeting (25-27 April 2016), the DH-SYSC held a productive exchange of views, on the basis of relevant excerpts of national reports on the implementation of the Brighton Declaration, and written contributions of the experts, on the mechanisms for ensuring the compatibility of legislation with the Convention (arrangements, advantages, obstacles), in response to 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.

An overview of “good practice” will be drawn up, based on all the sources quoted above, with a view to its transmission to the DH-SYSC for adoption at its 2nd meeting (8-10 November 2016).Written contributions submitted by experts (in English or French) as well as the relevant reference documents prepared by the Secretariat appear below.

Albania Germany Portugal [update 29 June 2016]
     
Andorra Greece Republic of Moldova
     
Armenia Hungary Romania
 
Austria Iceland

Russian Federation 

     
Azerbaijan Ireland San Marino
     
Belgium Italy Serbia
     
Bosnia and Herzegovina Latvia Slovak Republic
     
Bulgaria Liechtenstein Slovenia
     
Croatia Lithuania Spain
     
Cyprus Luxembourg Sweden
     
Czech Republic Malta Switzerland
     
Denmark Monaco “The former Yugoslav Republic of Macedonia”
Estonia Montenegro Turkey
     
Finland Netherlands Ukraine
     
France Norway United Kingdom
     
Georgia Poland [update 8 February 2017]