Council of Europe Office in Pristina

The project organised training on "Introduction to the European Convention on Human Rights and the European Court of Human Rights" in co-operation with the Office of Good Governance within the Office of the Prime Minister (OGG), bringing together 23 human rights officers from the OGG, ministries and municipal human rights units.

The training provided participants with a comprehensive overview of the European Convention on Human Rights system and the case law of the European Court of Human Rights, with a particular focus on the obligation of domestic authorities to effectively implement Convention standards and the jurisprudence of the Court in Strasbourg. Discussions highlighted the respective roles of public authorities, ordinary courts and the Constitutional Court in ensuring the effective protection of human rights at the national level.

Participants were introduced to the key principles governing the interpretation of the Convention, including the "living instrument" doctrine, the principle of effectiveness, the doctrine of autonomous concepts, the principles of proportionality and necessity in a democratic society, the margin of appreciation, the principle of subsidiarity and the positive obligations of the State. Particular emphasis was placed on the practical application of these principles in the work of public institutions.

The training further addressed the admissibility criteria applied by the European Court of Human Rights and their relevance for proceedings before the Constitutional Court. Participants examined the concepts of direct, indirect and potential victim status, the requirement to exhaust effective domestic remedies, the four-month time limit, and the admissibility criteria based on jurisdiction including ratione personae, ratione loci, ratione temporis and ratione materiae. The discussions also covered the fourth-instance doctrine, manifestly ill-founded applications, the no-significant-disadvantage criterion and other procedural grounds for inadmissibility.

Through practical examples drawn from the jurisprudence of the European Court of Human Rights, the Constitutional Court and ordinary courts, participants explored the application of Convention standards in relation to the right to life, the right to a fair and impartial trial, and electoral and participation rights. Particular attention was devoted to the use of the proportionality test in balancing competing rights and interests, as well as to the circumstances in which actions or omissions by local authorities may engage State responsibility under the Convention.

The seminar also examined the positive obligations of public authorities through relevant case law of the Court in Strasbourg concerning access to basic services, environmental protection and the duty of authorities to protect individuals from foreseeable risks.

In the final session, participants were introduced to practical tools and resources for researching and applying the jurisprudence of the Strasbourg Court, including HUDOC case law database, the ECHR-KS knowledge-sharing platform, the Strasbourg Court Case Law Guides, thematic factsheets, and resources developed by the Constitutional Court of Kosovo[1]. These tools are intended to support public authorities in identifying, analysing and correctly referencing relevant case law in their daily work.

By strengthening the knowledge and practical skills of human rights officers from central and local institutions, the training contributes to the effective domestic implementation of European human rights standards and enhances the human rights capacities of public administration.