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Sunday, October 31, 2010

What part of this does the coalition not understand?

What part of this does the coalition not understand?

Speech by Thorbjørn Jagland
Secretary General of the Council of Europe
High-Level Conference
on the future of the European Court of Human Rights,
18 February 2010, Interlaken

"Above all, we need a better and more systematic use of the principle of subsidiarity. State Parties have the primary responsibility to respect human rights, to prevent violations and to remedy them when they occur.

All States parties have now incorporated the Convention into their national legal systems, but not all have done so with satisfactory effect.

What we need to achieve is a genuine structural integration of the Convention into national systems, in order to secure its direct application; we need a better implementation of its provisions, including, above all, the obligation to provide effective domestic remedies for alleged violations.

The Convention cannot be fully and effectively implemented at national level unless the authority of the Court’s case-law is properly recognised in the national legal order.

Most obviously, States must promptly and fully execute judgments in cases to which they are party, including any general measures that may be required".

1 comment:

James Higham said...

Ah, subsidiarity, that evil catchword again.