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Strasbourg, 3 May 2013
 

GT-GDR-E(2013)OJ001

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

______

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

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

______

1st meeting

Strasbourg

Wednesday 22 May (9:30 a.m.) – Friday 24 May 2013
(close of meeting: 1 p.m.)

Agora, room G01

______

DRAFT ANNOTATED AGENDA

_____

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

General documents

- Draft annotated agenda

GT-GDR-E(2013)OJ001

    Report of the 77th meeting of the CDDH (19-22 March 2013)

CDDH(2013)R77

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

CDDH(2012)R75

- Report of the 3rd meeting of the DH-GDR (13-15 February 2013)

DH-GDR(2013)R3

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

DH-GDR(2012)R2

- 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.

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

CM/Res(2011)24

Item 2: Terms of reference and working methods

Reference document

- 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.

Item 3: Whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner

Reference document

- Draft programme of the exchange of views with representatives of civil society and other independent experts

GT-GDR-E(2013)001

- List of participants invited

GT-GDR-E(2013)001 Appendix

- Draft CDDH report containing conclusions and possible proposals for action on ways to resolve the large numbers of applications arising from systemic issues identified by the Court (as prepared by the GT-GDR-D at its 2nd meeting, 15-17 May 2013)

GT-GDR-D(2013)R2 Addendum I
(New 22/05/2013)

- Memorandum on the Parliamentary Assembly’s proposal to introduce a system of financial sanctions or astreintes on states who fail to implement judgments of the Strasbourg Court

GT-GDR-E(2013)002

- Observations by ETUC to the GT-GDR-E on ‘execution of judgments’ (English only)

GT-GDR-E(2013)003

- Measures to improve the execution of the judgments and decisions of the Court – Working document under discussion within the GT-REF.ECHR

GT-REF.ECHR(2013)2rev2

- Proposals by A. Bultrini concerning supervision by the Committee of Ministers of execution of judgments

GT-GDR-E(2013)006

The Brighton Declaration invited the Committee of Ministers “to consider whether more effective measures are needed in respect of States that fail to implement judgments of the Court in a timely manner” (para. 29.d)). The Committee of Ministers subsequently instructed the CDDH “to submit its conclusions and possible proposals for action to follow up” this invitation. The deadline for the CDDH to submit its report on this matter is 31 December 2013.

At its 3rd meeting (13-15 February 2013), the DH-GDR agreed to hold an exchange of views with civil society representatives at the first GT-GDR-E meeting and to involve additional civil society representatives in its subsequent work.

The draft programme of the exchange of views, including a list of invited participants (as agreed by the DH-GDR), can be found at doc. GT-GDR-E(2013)001.

Item 4: Review of the functioning of the Advisory Panel of experts on candidates for election as judge to the European Court of Human Rights

Reference documents

- Committee of Ministers’ Resolution on the establishment of an Advisory Panel of experts on candidates for election as judge to the European Court of Human Rights

CM/Res(2010)26

- Ministers’ Deputies exchanges of views with Mr Luzius Wildhaber, Chairman of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights (4 April 2012 & 30 January 2013)

DH-GDR(2013)005

- Written contribution by the Advisory Panel

GT-GDR-E(2013)004

The Brighton Declaration noted that the Committee of Ministers “has decided to review the functioning of the Advisory Panel after an initial three-year period” (para. 25.b)). The Committee of Ministers subsequently instructed the CDDH “to submit its conclusions and possible proposals for action to follow up” this decision. The deadline for the CDDH to submit its report on this matter is 31 December 2013.

At its 3rd meeting (13-15 February 2013), the DH-GDR agreed to invite the panel to make a written contribution to the first GT-GDR-E meeting and to invite its Chair to participate in that meeting. It considered that the GT-GDR-E “should analyse and assess apparent difficulties that had arisen in the past and make constructive proposals for the future to the Committee of Ministers.”

At its 77th meeting (19-22 March 2013), the CDDH decided that:

Item 5: Whether or not to proceed to amend the Convention to enable the appointment of additional judges to the Court

Reference documents

- CDDH Final Report on measures requiring amendment of the European Convention on Human Rights/ CDDH Report on increasing the Court’s capacity to process applications

CDDH(2012)R74 Addendum I/ Appendix IV, Section 1

The Brighton Declaration invited the Committee of Ministers “to decide by the end of 2013 whether or not to proceed to amend the Convention to enable the appointment of such judges following a unanimous decision of the Committee of Ministers acting on information received from the Court” (paragraph 20.e)). The Committee of Ministers subsequently instructed the CDDH “to submit its conclusions and possible proposals for action to follow up” this issue. The deadline for the CDDH to submit its report on the matter is 31 December 2013.

At its 3rd meeting, the DH-GDR considered that the GT-GDR-E “should take a practical approach with a view to assisting the Committee of Ministers to reach a decision on the matter. In assessing possible modalities, the focus should therefore be on what type of additional judge would be most valuable in helping the Court to address the problem of the number of applications pending before its Chambers; there would also be the question of whether or not to proceed to amend the Convention to this end.”

Item 6: Organisation of future work

Item 7: Other business

Item 8: Adoption of the conclusions and meeting report

Working document

- Draft Report of the 1st GT-GDR-E meeting (22-24 May 2013)

GT-GDR-D(2013)R1

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