Ministers’ Deputies
Notes on the Agenda

CM/Notes/1056/4.1a 5 May 20091
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1056 Meeting, 6-7 May 2009
4 Human Rights


4.1 Steering Committee for Human Rights (CDDH) –

a. Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights

    i. Activity report “Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights”
    ii. CDDH final opinion on putting into practice certain procedures envisaged to increase the Court’s case-processing capacity
    iii. Opinion of the CAHDI (transmitted to the CDDH) on the public international law aspects of the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures which are already envisaged to increase the Court’s case-processing capacity, in particular the new single judge and committee procedures

Item prepared by the GR-H at its meeting of 24 April 2009

Reference documents
CM(2009)51 add prov, GR-H(2009)7, CM/Del/Dec(2009)1054/4.3, CM(2009)70 rev, CM(2009)71 rev, CM(2009)58 rev2, CM(2009)58 add rev, Opinion No. 271 (2009) of the Parliamentary Assembly, DD(2009)240
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Action

To adopt relevant decisions in relation with the preparation of a Conference of the High Contracting Parties to the European Convention on Human Rights (Madrid, 12 May 2009).

To approve the text of draft Protocol N° 14 bis.

On 24 April 2009, the GR-H concluded its work in relation with both, the preparation of a Conference of the High Contracting Parties to the Convention to be held in the margins of the 119th Ministerial Session (Madrid, 12 May 2009) and the drafting of a Protocol N° 14 bis to the European Convention on Human Rights.

On that occasion, the Group finalised the draft rules of procedure of the Conference of the High Contracting Parties (CM(2009)70 rev), the detailed modalities for the provisional application of certain provisions of Protocol No. 14 (CM(2009)71 rev), the draft Protocol No. 14 bis (CM(2009)58 rev) and the draft explanatory report to draft Protocol No. 14 bis (CM(2009)58add rev).

Subsequently, the draft Protocol No. 14 bis was slightly modified to reflect the amendments proposed by the Parliamentary Assembly in its Opinion No. 271 adopted on 30 April 2009 (see CM(2009)58 rev2).

In addition, at the request of the Chairman of GR-H, a draft text to be included in the abridged report of the Conference of the High Contracting Parties, as well as draft elements for a statement to be made by the Ministers at the 119th Ministerial Session on the agreement to be adopted at the Conference were distributed to all delegations on 30 April 2009.

The Deputies are invited to adopt the following decisions accordingly.

Financing assured: YES

DRAFT DECISIONS

1056th meeting – 6-7 May 2009

Item 4.1a

Steering Committee for Human Rights (CDDH) –
a. Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights

    i. Activity report “Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights”
    ii. CDDH final opinion on putting into practice certain procedures envisaged to increase the Court’s case-processing capacity
    iii. Opinion of the CAHDI (transmitted to the CDDH) on the public international law aspects of the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures which are already envisaged to increase the Court’s case-processing capacity, in particular the new single judge and committee procedures

(CM(2009)51 add prov, GR-H(2009)7, CM/Del/Dec(2009)1054/4.3, CM(2009)70 rev, CM(2009)71 rev, CM(2009)58 rev2, CM(2009)58 add rev, Opinion No. 271 (2009) of the Parliamentary Assembly, DD(2009)240)

Decisions

The Deputies

1. invited the Secretary General of the Council of Europe to convene a Conference of the High Contracting Parties to the European Convention on Human Rights in Madrid on 12 May, in the margins of the 119th Ministerial Session;

2. took note of the draft rules of procedure of the Conference as they appear in document CM(2009)70 rev;

3. adopted the “Detailed modalities for the provisional application of certain provisions of Protocol No. 14 to the European Convention on Human Rights” as they appear in document CM(2009)71 rev, subject to an agreement being adopted by the High Contracting Parties to the Convention;

4. invited the Secretary General to transmit the draft rules of procedure and the “detailed modalities” referred to in decisions 2 and 3 above to the Conference of the High Contracting Parties to the European Convention on Human Rights;

5. having examined the Parliamentary Assembly’s opinion on draft Protocol No. 14 bis, took note of this opinion while expressing their appreciation for the speed with which the Assembly had responded to their request;

6. approved the text of Protocol No. 14 bis as it appears in document CM(2009)58 final and agreed to transmit it to the 119th Ministerial Session (Madrid, 12 May 2008) for adoption and for decision about the date and place of its opening for signature;

7. took note of the Explanatory Report to Protocol No. 14 bis, as it appears in document CM(2009)58 add final, and agreed to transmit it to the 119th Ministerial Session for the Ministers to take note of;

8. took note of a draft text that will be proposed for inclusion in the abridged report of the Conference of the High Contracting Parties (Madrid, 12 May 2009); << see document DD(2009)240 >>

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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