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CM(2006)65finalE  / 12 May 2006 

Ministers’ Deputies
CM Documents

CM(2006)65 prov. 19 April 20061
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963 Meeting, 3 May 2006
4 Human Rights


4.1 Steering Committee for Human Rights (CDDH)

c. Reform of the European Convention on Human Rights – The implementation of the decisions adopted by the Committee of Ministers at its 114th Session (12 May 2004) – draft Declaration of the Committee of Ministers on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels

Item for consideration by the Rapporteur Group on Human Rights (GR-H) at its meeting on 27 April 2006

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Preliminary draft Declaration of the Committee of Ministers on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European

(Adopted by the Committee of Ministers on … May 2006
at its 116th Session)

The Committee of Ministers,

Referring to its May 2004 Declaration “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels” containing a comprehensive package of coherent measures for the implementation of the Convention;

Stressing that the Declaration remains a key reference for measures needed to preserve the effectiveness of the Convention system in the medium term;

Recalling that the Heads of State and Government of the member states of the Council of Europe in May 2005 in Warsaw reiterated the commitment to implement all these measures in accordance with all the modalities foreseen in the May 2004 Declaration;

Being determined, two years hence, to take stock of progress achieved in the implementation of its May 2004 Declaration;

Welcoming the activity of the European Court of Human Rights in preparing itself for the entry into force of Protocol No. 14 to the Convention as well as in enhancing the efficiency of its internal methods;

Welcoming also the intensive intergovernmental work carried out to prepare for entry into force of Protocol No. 14 and implement the different strands of the reform package of the May 2004 Declaration;

[reference to work of Group of Wise Persons?]

Having examined the conclusions and proposals set out in the report submitted by the Ministers’ Deputies;

Being determined to ensure further sustained work on the basis of guidelines for priority action,

I. WELCOMES the report presented by the Ministers’ Deputies on the implementation of the reform package agreed at its 114th Session in May 2004 and the progress recorded therein;

II. ENDORSES the conclusions and proposals for further sustained action in this report, building on results obtained so far;

III. URGES the remaining States that have not yet done so, to ratify Protocol No. 14 to the Convention without delay to enable the Court to benefit from the efficiency and capacity increases that the Protocol’s entry into force will bring;

IV. ADOPTS the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements2 and DECIDES that these Rules, which repeal and replace the existing Rules, take effect as of now, as necessary by applying them mutatis mutandis to the existing provisions of the Convention, with the exception of Rules 10 and 11 which will take effect from the date of entry into force of Protocol No. 14;

V. STRESSES that respondent states must execute fully and more rapidly the judgments of the Court;

VI. REITERATES its call to all member states to implement speedily and effectively the five recommendations mentioned in the May 2004 Declaration3, in full conformity with the principle of subsidiarity and the obligations of member states under Article 1 of the Convention;

VII. ENCOURAGES member states to make full use of the possibility to request assistance in this respect;

VIII. WELCOMES in this connection the upcoming examination, within the Council of Europe Development Bank, of ways and means to provide a framework tool for member states by facilitating structural measures at national level to enhance the implementation of the Convention and reduce the workload pressure on the Court;

IX. INVITES all member states to take an active part in the implementation of the European Programme for Human Rights Education for Legal Professionals (HELP) to ensure full integration of Convention standards in the professional training of judges and prosecutors by the end of 2008;

X. INSTRUCTS the Ministers’ Deputies:

a. to draw up a recommendation to member states on efficient domestic arrangements for rapid execution of the Court’s judgments and to invite the Parliamentary Assembly to be associated with it;

b. to carry forward practical proposals for the supervision of execution of the Court’s judgments in situations of slow or negligent execution, ensuring that account is taken of existing practice in the supervisory work of the Ministers’ Deputies;

c. to initiate annual tripartite meetings between representatives of the Committee of Ministers, the Parliamentary Assembly and the Commissioner for Human Rights to promote stronger interaction with regard to the execution of judgments;

d. to pursue their ongoing review of ways and means of maintaining and enhancing the efficiency of their supervision work in the face of their increasing caseload of judgments pending execution;

e. to carry forward the other measures mentioned in their report to improve and accelerate the execution of Court judgments;

f. to deepen their review of implementation of the five recommendations mentioned in the May 2004 Declaration by filling outstanding information gaps and focusing on the efficiency and impact of implementation measures;

g. to give priority attention in this review to improvement of domestic remedies, re-examination or reopening of cases following judgments of the Court, and verification of Convention compatibility of draft laws, existing laws and administrative practice;

h. to involve in this review other Council of Europe bodies as set out in their report, such as the Parliamentary Assembly, the Court and the Commissioner for Human Rights, as well as non-governmental organisations and national human rights institutions;

i. to follow closely the developing practice of the Court and of the Ministers’ Deputies on so-called pilot judgments and, as and when appropriate, to develop guidelines for member states on domestic remedies following such judgments;

j. to ensure that arrangements for the enhancement of resources for the Court and other departments concerned are regularly assessed;

k. to carry out a mid-term review of the implementation of the European Programme for Human Rights Education for Legal Professionals (HELP);

XI. TRANSMITS the report presented by the Ministers’ Deputies to the Parliamentary Assembly, the Court, the Commissioner for Human Rights and the Group of Wise Persons;

XII. ASKS the Ministers’ Deputies to report to it on the implementation of this Declaration at the 117th Session in May 2007.

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*

[to be inserted as an Appendix: draft Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements – see document CM(2006)39 Addendum, Appendix III. This document contains the Activity Report of the CDDH and will be examined at the GR-H meeting on 27 April 2006.]

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 [as they appear in the Appendix to this document]

3 Recommendation Rec(2000)2 on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights; Recommendation Rec(2002)13 on the publication and dissemination in the member states of the text of the European Convention on Human Rights and of the case-law of the European Court of Human Rights; Recommendation Rec(2004)4 on the European Convention on Human Rights in university education and professional training; Recommendation Rec(2004)5 on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights; Recommendation Rec(2004)6 on the improvement of domestic remedies.



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