Reform of the Court
This web-page focus on intergovernmental work on the reform of the system of the European Convention on Human Rights since the Rome Ministerial Conference of 2000, which led to Protocol no. 14 and a series of non-binding instruments. This work cover notably the 2006 Report of the Group of Wise Persons and the successive High-level Conferences on the reform of the Court that took place between 2010 and 2015 at Interlaken, Izmir, Brighton, Oslo and Brussels and follow-up to these events, including the adoption and opening for signature in 2013 of Protocols No. 15 and 16.
At the head of the inter-governmental process is the Committee of Ministers, which gives terms of reference to the Steering Committee for Human Rights (CDDH) and the Committee of experts on the reform of the Court (DH-GDR), a specialist plenary body subordinate to the CDDH. In the past, other subordinate bodies of the CDDH were also involved in the reform process (such as work of DH-PR, CDDH-SC, DH-RE, DH-PS).
The work of the DH-GDR is prepared in smaller drafting groups (GT-GDR-A to G) that deal with specific issues.
In 2014-2015, the DH-GDR prepared :
- a draft CDDH report containing opinions and possible proposals concerning the long-term future of the Convention system (GT-GDR-F);
- a draft report containing conclusions and possible proposals for action concerning the procedure for the amendment of the Rules of Court and the possible ‘upgrading’ to the Convention of certain provisions of the Rules of Court (GT-GDR-G).
In 2012-2013, the DH-GDR worked on the following matters (relevant drafting group in brackets – for further details, see the drafting group’s page):
- An analysis of Member States’ reports on measures taken to implement relevant parts of the Interlaken and Izmir Declarations (GT-GDR-A)
- An evaluation of the effects of Protocol no. 14 and the implementation of the Interlaken and Izmir Declarations on the Court’s situation (GT-GDR-A)
- Draft Protocol no. 15 to the Convention, amending various points concerning the Preamble, the admissibility criteria applicable to individual applications, the procedure for relinquishment of a case from a Chamber to the Grand Chamber of the Court, and the age-limit for judges (GT-GDR-B)
- Draft Protocol no. 16 to the Convention, optionally introducing a procedure allowing certain domestic courts to seek advisory opinions from the Court (GT-GDR-B)
- Interim measures under Rule 39 of the Rules of Court (GT-GDR-C)
- A possible ‘representative application procedure’ before the Court (GT-GDR-C)
- A Guide to Good Practice in respect of domestic remedies (GT-GDR-D)
- A toolkit to inform public officials about the State’s Convention obligations (GT-GDR-D)
- How to resolve applications arising from systemic issues (GT-GDR-D)
- Whether to enable the appointment of additional judges to the Court (GT-GDR-E)
- A review of the functioning of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights (GT-GDR-E)
- Whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner (GT-GDR-E)
9th meeting, 17-20 November 2015
- Meeting report
- Addendum : Draft CDDH report on the longer-term future of the system of the European Convention on Human Rights
8th meeting, 27-29 May 2015
7th meeting, 5-7 November 2014
- Meeting report
- Addendum I – Draft CDDH Report containing conclusions and possible proposals for action concerning the procedure for the amendment of the Rules of Court and the possible ’upgrading’ to the Convention of certain provisions of the Rules of Court
- Addendum II – Draft CDDH contribution to the High-level Conference on “The implementation of the Convention: our shared responsibility”, organised by the Belgian Chairmanship of the Committee of Ministers (Brussels, 26-27 March 2015)
6th meeting, 4-6 June 2014
5th meeting, 29-31 October 2013
- Meeting report
- Addendum I - Draft CDDH report on whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner
- Addendum II - Draft CDDH report on the review of the functioning of the Advisory Panel of experts on candidates for election as judge to the European Court of Human Rights
- Addendum III - Draft CDDH report on the question of whether or not to amend the Convention to enable the appointment of additional judges to the Court
4th meeting, 4-7 June 2013
- Meeting report
- Addendum I – Draft CDDH report containing conclusions and possible proposals for action on ways to resolve the large numbers of applications arising from systemic issues identified by the Court
- Addendum II – Draft Guide to Good Practice in respect of domestic remedies
- Addendum III – Draft Toolkit to inform officials about the State's obligations under the Convention
3rd meeting, 13-15 Feburary 2013
- Meeting report
- Addendum I – Draft explanatory report to Protocol No. 16
- Addendum II – Draft CDDH report on interim measures under Rule 39 of the Rules of Court
- Addendum III – Draft CDDH report on the advisability and modalities of a "representative application
2nd meeting, 29-31 October 2012
- Meeting report
- Addendum I – Draft CDDH report on measures taken by member states to implement relevant parts of the Interlaken and Izmir Declarations
- Addendum II – Draft CDDH report containing elements to contribute to the evaluation of the effects of Protocol No. 14 to the Convention and the implementation of the Interlaken and Izmir Declarations on the Court's situations
- Addendum III – Draft Protocol No. 15
- Addendum IV – Draft Explanatory report to Protocol No. 15
- Addendum V – Draft Protocol No. 16
- DH-GDR(2012)020 – Draft Explanatory report to Protocol No. 16
1st meeting, 17-20 January 2012
8th meeting, 2-4 November 2011 meeting
- Meeting report
- Appendix III – Draft CDDH Report on filtering of applications and treatment of repetitive applications
- Appendix IV – Draft CDDH Report on a system of fees for applicants to the Court
- Appendix V – Draft CDDH Report on the proposal to introduce a sanction in futile cases
- Appendix VI – Draft CDDH Report on compulsory legal representation
- Appendix VII – Draft CDDH Report on the proposal to extend the Court’s jurisdiction to give advisory opinions
7th meeting, 30 May-1st June 2011
- Meeting report
- Addendum I – Draft CDDH collective response to the Court’s Jurisconsult’s notes on the principle of subsidiarity and on the clarity and consistency of the Court’s case-law
6th meeting, 9-11 February 2011
- Meeting report
- Addendum I – Report of the Consultation with representatives of civil society and national human rights institutions
- Addendum II – Draft elements for the CDDH Interim Activity Report
5th meeting, 1-3 December 2010
- Meeting report
- Addendum I – Draft CDDH report on the issues of filtering of applications and treatment of repetitive applications
4th meeting, 15-17 September 2010
- Meeting report
- Addendum I – CDDH Final report on measures that result from the Interlaken Declaration that do not require amendment of the European Convention on Human Rights
3rd meeting, 5-7 May 2010
- Meeting report
- Addendum I – Draft report on the issues of access to the Court fees for applications
- Addendum II – Proposals for dealing with repetitive applications that would not require amendment of the Convention
2nd meeting, 24-26 March 2010
1st meeting, 7-9 October 2009
Useful links:
Secretary General
Directorate General of Human Rights and Rule of Law
Committee of Ministers
Parliamentary Assembly
Access to Official Documents (TROMSØ CONVENTION)
Department for the execution of the Court's Judgments
European Court of Human Rights
Council of Europe Commissioner for Human Rights
HELP – European Programme for Human Rights Education for Legal Professionals
Online Plateform Human Rights and Business