Monday, February 21, 2011

The reform of the Court

The reform of the Court

Interlaken Conference on the future of the Court



President Costa, accompanied by a delegation of judges and members of the Registry, travelled to Interlaken (Switzerland) on 18 and 19 February to attend a Ministerial Conference on the future of the European Court of Human Rights. A joint declaration was adopted at the close of the Conference.

Comment: This reform of the ECtHR has been going on since February 2010. Can someone please brief Kenneth Clarke so he doesn't put his foot in his mouth again about reforming the Court?

Update:

How the execution of judgments works

The High Contracting Parties to the European Convention on Human Rights have committed themselves to secure to everyone within their jurisdiction the rights and freedoms defined in Section I of the Convention and, in this respect, have undertaken to “abide by the final judgments of the Court in any case to which they are parties” (Article 46 paragraph 1, of the European Convention on Human Rights).

In accordance with Article 46 paragraph 2, the Committee of Ministers is responsible for the supervision of the execution of the judgments of the European Court of Human Rights.

Once the Court’s final judgment has been transmitted to the Committee of Ministers, the latter invites the respondent State to inform it of the steps taken to pay any just satisfaction (compensation and/or costs and expenses) awarded as well as of any individual or general measures which may be necessary in order to comply with the State’s legal obligation to abide by the judgment. In the performance of this task the Committee is assisted, in addition to its own secretariat, by a special department of the Council of Europe’s Secretariat – the Department for the Execution of judgments of the European Court of Human Rights.

Execution of Judgments of the European Court of Human Rights

Respect of the European Convention for the Protection of Human Rights and Fundamental Freedoms and, in particular, of the European Court of Human Rights's judgments, is a crucial element of the Council of Europe's system for the protection of human rights, rule of law and democracy and, hence, for democratic stability and European unification.

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