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Strasbourg, 24 August 2012
 

GT-GDR-B(2012)OJ001
 
 

STEERING COMMITTEE FOR HUMAN RIGHTS
(CDDH)

______

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

______

1st Meeting

Strasbourg

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

(close of meeting: 1.00 p.m.)

Agora, Meeting Room G05

______

DRAFT ANNOTATED AGENDA

_____

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

General background documents

- Draft annotated agenda

GT-GDR-B(2012)OJ001

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

CDDH(2012)R75

- Report of the 74th meeting of the CDDH (7-10 February 2012)

CDDH(2012)R74
+ Addenda I & II

- 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

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 and order of business.

The Group is then invited to elect its 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

Background document

- Report of the 73rd meeting of the CDDH, including the terms of reference of the CDDH and bodies subordinate to it for the biennium 2012-2013

CDDH(2011)R73 & Appendix VIII

The Group is invited briefly to exchange views on its terms of reference as outlined by the CDDH at its 73rd meeting (6-9 December 2011), in the light also of the CDDH’s discussions at its 75th meeting (19-22 June 2012).

Item 3: Draft Protocol No. 15

Working documents

- Draft elements for certain of the issues to be addressed in Protocol No. 15 (prepared by the Secretariat)

GT-GDR-B(2012)001

- Compendium of States’ contributions concerning the reference to the principle of subsidiarity and the doctrine of the margin of appreciation in the Preamble to the Convention

GT-GDR-B(2012)002

- Contribution of Greece concerning relinquishment of jurisdiction from the Chamber to the Grand Chamber (English only)

GT-GDR-B(2012)003

Reference document

- Joint preliminary comments on the drafting of Protocols 15 and 16 to the ECHR (submitted by Amnesty International, the International Commission of Jurists et al) (English only)

GT-GDR-B(2012)004

With a view to ensuring the most efficient use of meeting time, this item is separated into the various issues that Protocol No. 15 must address, as follows:

Item 3.1: Shortening to four months the time limit under Article 35(1) of the Convention within which an application must be made to the Court

The Group is invited to examine the elements prepared by the Secretariat further to the instruction given by the CDDH at its 75th meeting.

Item 3.2: Amending Article 35(3)(b) of the Convention to remove the words “and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal”

The Group is invited to examine the elements prepared by the Secretariat further to the instruction given by the CDDH at its 75th meeting.

Item 3.3: Amending Article 30 of the Convention to remove the words “unless one of the parties to the case objects”

The Group is invited to examine the elements prepared by the Secretariat further to the instruction given by the CDDH at its 75th meeting. In accordance with the terms of the Brighton Declaration, the Group should also consider whether any consequential changes are required.

Item 3.4: Amending Article 23(2) of the Convention to replace the age limit for judges by a requirement that judges must be no older than 65 years of age at the date on which their term of office commences

The Group is invited to examine the elements prepared by the Secretariat further to the instruction given by the CDDH at its 75th meeting.

Item 3.5: Including a reference to the principle of subsidiarity and the doctrine of the margin of appreciation in the Preamble to the Convention

The Group is invited to examine the various proposals made by delegations further to the invitation made by the CDDH at its 75th meeting.

Item 4: Draft Protocol No. 16

Working documents

- Draft elements for Protocol No. 16 (submitted by the experts of The Netherlands and Norway)

GT-GDR-B(2012)005

Background documents

- Compendium of States’ contributions concerning draft Protocol No. 16

GT-GDR-B(2012)006

- CDDH Report on measures to enhance relations between the Court and national courts (Appendix V to the CDDH Final Report on measures requiring amendment of the Convention)

CDDH(2012)R74 Addendum I, Appendix V

- Court’s Reflection Paper on the proposal to extend the Court’s advisory jurisdiction

#3853038

The Group is invited to examine the proposals made by the Dutch and Norwegian experts, along with any other contributions, further to the invitation made by the CDDH at its 75th meeting.

Item 5: Organisation of future work

In the light of discussions under Items 2-4 above, the Group is invited to take decisions for the effective organisation of its future work, with a view to achieving the expected results according to the agreed timetable, which foresees completion by the CDDH of work on the two draft protocols by October 2012 (see doc. CDDH(2012)009REV.)

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 (5-7 September 2012)

GT-GDR-B(2012)R1

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