CM(2009)60 final 12 May 2009
119th Session of the Committee of Ministers
(Madrid, 12 May 2009)
Statement by the Committee of Ministers
on the Conference of the High Contracting Parties to the European Convention on Human Rights (Madrid, 12 May 2009)
The Ministers noted that in spite of the efforts undertaken by all member states as collective guarantors of the Convention, the conditions for the entry into force of Protocol No. 14 have still not been met. The Ministers recalled their position on this issue expressed at their 118th Session in May 2008, stressing in particular that the entry into force of Protocol No. 14 should remain the first priority of the States Parties to the European Convention on Human Rights. If need be, interpretative declarations or reservations could be formulated in conformity with the principles of the international law of treaties and relevant provisions of the Convention.
The Ministers noted that the Conference of the High Contracting Parties to the European Convention on Human Rights, meeting in the margins of the 119th Ministerial Session, agreed by consensus, subject to the absence of opposition by 31 May 2009 by High Contracting Parties not represented at the Conference, that the provisions regarding the new single-judge formation and the new competence of the Committees of three judges contained in Protocol No. 14 are to be applied on a provisional basis with respect to those states that express their consent, according to the modalities set out in document CM(2009)71 rev2. The Ministers also adopted Protocol No. 14 bis, offering member states another legal avenue to accept the provisional application of the same provisions.