Reform of the European Court of Human Rights

www.coe.int/reformECHR

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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

Strasbourg, 6 January 2014

GT-GDR-G(2014)OJ001

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

 

______

COMMITTEE OF EXPERTS ON THE REFORM OF THE COURT
(DH-GDR)

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

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1st meeting

Wednesday 12 February (9:30 a.m.) – Friday 14 February 2014
(close of meeting: 1 p.m.)

Strasbourg, Agora, room G04

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DRAFT ANNOTATED AGENDA

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

General background documents

- Draft annotated agenda

GT-GDR-G(2014)OJ001

- Report of the 79th meeting of the CDDH (26-29 November 2013)

CDDH(2013)R79

- Report of the 78th meeting of the CDDH (25-28 June 2013)

CDDH(2013)R78

- Report of the 5th meeting of the DH-GDR (29-31 October 2013)

DH-GDR(2013)R5

- Brighton Declaration

CDDH(2012)007

Information 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

      Once the meeting is declared open, in the absence of an elected Chairperson, by the Secretariat, the Group is invited to adopt the agenda.

      The Group is then invited to elect its Chairperson and Vice-chairperson, in accordance with the provisions of Committee of Ministers’ Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.

Item 2: Terms of reference and working methods

Reference document

- Terms of reference of the Committee of Experts on the reform of the Court (DH-GDR) for 2014-2015

DH-GDR(2014)001

    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: The procedure for the amendment of the Rules of Court and the possible ‘upgrading’ to the Convention of certain provisions of the Rules of Court

Reference documents

- Report of the 5th meeting of the DH-GDR (29-31 October 2013)

DH-GDR(2013)R5

- Rules of Court

 

- Compendium of States’ contributions

GT-GDR-G(2014)001

- CDDH Final Report on a simplified procedure for amendment of certain provisions of the Convention

CDDH(2012)R75 Addendum I

- Interlaken Follow-up: Simplified Procedure for Amending the Convention (Idea of a Court Statute) (document submitted by the Court)

    #3272054_v1

#3272054_v1

- Letter from the President of the Court to the Chairperson of the CDDH, 12 June 2012

#3981532

At its 78th meeting (25-28 June 2013), the CDDH “expressed its interest [in the issues of] the possible ‘upgrading’ of certain provisions of the Rules of Court and the procedure for amendment of the Rules of Court, … recalling in particular paragraph 12.c)iii) of the Brighton Declaration, [to] be taken forward in a separate drafting group (Group G)” (see doc. CDDH(2013)R78, para. 13).

These issues have been included in the DH-GDR’s terms of reference for the biennium 2014-2015: “A draft report is submitted to the Committee of Ministers containing conclusions and possible proposals for action concerning the procedure for the amendment of the Rules of Court and the possible ‘upgrading’ to the Convention of certain provisions of the Rules of Court (deadline: 31 December 2014)”.

At its 5th meeting (29-31 October 2013), the DH-GDR gave the following guidance to Group G (see doc. DH-GDR(2013)R5 para. 17), then endorsed by the CDDH at its 79th meeting (CDDH(2013)R79 para. 9):

    - the starting point should be articles 24 and 25 of the Convention;
    - relevant work of the DH-PS should be taken into account, without duplicating earlier discussions and bearing in mind why the DH-PS had been unable to go further, e.g. because of national constitutional problems with certain proposals;
    - there would be a need to identify objective criteria for distinguishing between provisions of the Rules of Court, such as, on the one hand, those that concerned only the internal organisation of the Court and, on the other, those affecting the rights and obligations of the parties to proceedings and the status of the Court and of the judges, and possibly others;
    - the outcome of the work should present various possible solutions, possibly including introduction of a Statute of the Court;
    - the GT-GDR-G should address the issues of the right of initiative, e.g. to amend provisions currently found in the Rules of Court, and the consultation process involved, as well as the extent to which paragraph 12.c)iii) of the Brighton Declaration had been followed and what effect it had achieved;
    - it should examine existing practices, for example the way in which the pilot judgment procedure had been introduced, and relevant changes introduced by Statutory Resolutions of the Committee of Ministers.

      The Group is invited to begin its examination of the two issues falling within its mandate, in the light of the above guidance, including identification of possible working methods capable of allowing its work to be concluded at the second and final meeting (15-17 October 2014).

Item 4: Organisation of future work

    The Group is invited to take any necessary decisions on the organisation of its future work, with a view to its second and final meeting, following which it is expected to transmit a draft CDDH report to the DH-GDR.

Item 5: Other business

Item 6: Adoption of the conclusions and meeting report

Working document

- Draft Report of the 1st GT-GDR-G meeting (12-14 February 2014)

GT-GDR-G(2014)R1

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

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