Follow-up to the CDDH report on the longer-term future of the ECHR System
At their 1252nd meeting, the Ministers’ Deputies welcomed the report of the CDDH on the longer-term future of the system of the European Convention on Human Rights, took note of the Court’s comments on the report, and agreed on its follow-up.
The Deputies “deemed it essential that the judges of the Court enjoy the highest authority in national and international law and to this end instructed the CDDH to examine, while securing the participation of the Court and all other relevant actors concerned, the whole selection and election process, including all factors that might discourage possible candidates from applying, in the light of conclusion § 203 i) and the relevant paragraphs of the report”.
Preparatory work was entrusted to the Drafting Group I on the follow-up to the CDDH report on the longer-term future of the system of the Convention (DH-SYSC-I), with the following guidance, as formulated by the DH-SYSC and endorsed by the CDDH:
- consider all the parameters of the selection and election process in light of the CDDH report on the longer term future of the Convention system while preserving the credibility of the Court. The situation of judges of the Court once their term of office has expired will as well be considered, also in light of information provided by member States;
- take into consideration a) the work and reflections of all actors concerned, including good practices developed and outstanding challenges, while ensuring the appropriate level of confidentiality and b) the previous work carried out by the CDDH including the work of the Ad Hoc Working Group on national practices for the selection of candidates for the post of judge at the European Court of Human Rights (CDDH-SC);
- examine the procedures and practices of selection/election of judges in other international and regional courts and in highest national courts;
- examine possible measures to respond to the challenges identified with an inclusive approach (i.e. without excluding responses that would require an amendment to the Convention) while focusing on practical solutions improving the current system. This work should involve a feasibility study.
The DH-SYSC-I held its meetings at the following dates:
- 1st meeting from 29 June to 1 July 2016
- 2nd meeting from 19 to 21 October 2016
- 3rd meeting from 27 february to 1 March 2017
- 4th meeting from 18 to 20 october 2017
On 9 November 2017, the DH-SYSC adopted the draft report on the process of selection and election of judges of the European Court of Human Rights.