Compatibility of draft legislation with the ECHRIn 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:

  • 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?
  • What obstacles have been encountered in establishing or applying these mechanisms? How have these been overcome?
  • 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.

The overview of this exchange of views was adopted at the 3rd meeting of the DH-SYSC (10-12 May 2017).Written contributions submitted by experts (in English or French) as well as the relevant reference documents prepared by the Secretariat appear below.