Reform of the European Court of Human Rights

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About the reform

History of the reform
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Plenary bodies

Steering Committee for Human Rights (CDDH)

Committee of Experts on the Reform of the Court (DH-GDR)
 

Drafting Groups on the Reform of the Court

GT-GDR-A

GT-GDR-B

GT-GDR-C

GT-GDR-D

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

 

High level Conferences

Brighton, 18-20/04/2012

Declaration
Proceedings
Background documents

Izmir, 26-27/04/2011

Declaration
Proceedings
Background documents

Interlaken, 18-19/02/2010

Declaration
Proceedings
Preparatory contributions
Background documents

Drafting Group B on the Reform of the Court (GT-GDR-B)

Terms of reference
The GT-GDR-B is required to prepare:

A draft Protocol no. 15 to the Convention and explanatory report thereto:
    introducing a reference to the principle of subsidiarity and the doctrine of the margin of appreciation into the
       Preamble of the Convention (see paragraph 12.b) of the Brighton Declaration)
    shortening to four months the time limit for making an application to the Court (see paragraph 15.a) of the
       Brighton Declaration);
    amending the “significant disadvantage” admissibility criterion by removing the condition that no case may be
       rejected on this ground which has not been duly considered by a domestic tribunal (see paragraph 15.c) of
       the Brighton Declaration);
    removing the parties’ right to object to relinquishment of jurisdiction by a Chamber to the Grand Chamber
       (see paragraph 25.d) of the Brighton Declaration); and
    replacing the age limit for judges with a requirement that they be no older than 65 years of age at the date
       on which their term of office commences (see paragraph 25.f) of the Brighton Declaration).

A draft Protocol no. 16 to the Convention and explanatory report thereto, concerning advisory opinions (see paragraph 12.d) of the Brighton Declaration).
After their examination by the Committee of experts on the reform of the Court (DH-GDR), the draft protocols will then be examined and adopted by the Steering Committee for Human Rights (CDDH) for transmission to the Committee of Ministers.

Deadline: 15 April 2013

Progress
The GT-GDR-B held the following meetings:
12-14 September 2012
10-12 October 2012

The DH-GDR examined the two draft protocols and their explanatory reports at its 2nd meeting (29-31 October 2012) and transmitted them to the CDDH.

At its 76th meeting (27-30 November 2012), the CDDH approved draft Protocol no. 15 and adopted its explanatory report and decided to transmit them to the Committee of Ministers.

At their 1159th meeting, (16 January 2013), the Ministers’ Deputies decided to transmit draft Protocol no. 15 to the Parliamentary Assembly and the European Court of Human Rights for opinion. The Court adopted its opinion on 6 February 2013. The Assembly adopted its opinion on 26 April 2013.
 
At its 77th meeting (19-22 March 2013), the CDDH approved draft Protocol no. 16 and adopted its explanatory report and decided to transmit them to the Committee of Ministers.

At their 1168th meeting (10 April 2013), the Ministers’ Deputies decided to transmit draft Protocol no. 16 to the Parliamentary Assembly and the European Court of Human Rights for opinion.The Court adopted its opinion on 6 May 2013.

Result
On 16 May 2013, at its 123rd Session, the Committee of Ministers adopted Protocol no. 15, which will be opened for signature on 24 June 2013.

 
   
2012
2nd meeting of the GT-GDR-B
10-12 October 2012
Draft Annotated Agenda 
Meeting report 
Addendum I - Draft Protocol No. 15 to the Convention 
Addendum II - Draft Explanatory report to Protocol No. 15 
Addendum III - Draft Protocol No. 16 to the Convention
1st meeting of the GT-GDR-B
12-14 September 2012
Draft Annotated Agenda
Meeting report 
Addendum – Draft Protocol No 15