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Resolution 2055 (2015)
The effectiveness of the European Convention on Human Rights: the Brighton Declaration and beyond
1. The Parliamentary Assembly welcomes
the initiative taken by the authorities of the United Kingdom in organising
the High-Level Conference on the Future of the European Court of
Human Rights, held in Brighton on 19 and 20 April 2012, and the
adoption, at the Conference, of the Brighton Declaration. It acknowledges
the contribution of the Brighton Conference to maintaining the impetus
of the reform process initiated by the Interlaken Conference in
2010 and the Izmir Conference in 2011.
2. The Assembly welcomes the renewed commitment by member States,
in the Brighton Declaration, to ensure the long-term effectiveness
of what is the most advanced regional human rights protection mechanism in
the world, and the States’ recognition of their responsibility,
shared with the European Court of Human Rights (“the Court”), for
the effective implementation of the European Convention on Human
Rights (ETS No. 5, “the Convention”).
3. The Assembly underscores the extraordinary contribution made
by the Court to the protection of human rights in Europe for half
a century. It congratulates the Court on the progress it has made
in decreasing the backlog of pending applications and increasing
its efficiency.
4. At the same time, the Assembly deplores the fact that this
progress has not been accompanied by corresponding positive developments
in the States Parties to the Convention. It notes with concern that
the main challenges facing the Court, most notably the high number
of repetitive applications and persistent human rights violations
of a particularly serious nature, reveal a failure by certain High
Contracting Parties to discharge their obligations under the Convention.
5. The Assembly therefore reiterates its call to member States
to reinforce the principle of subsidiarity, by more effectively
embedding Convention standards into their domestic legal order and
enhancing the authority of the Court’s case law.
6. In this regard, the Assembly urges national parliaments to
use their potential to oversee the implementation of Convention
standards, including by supervising the execution of the Court’s
judgments at the national level. It reiterates its previous calls,
made in Resolution 1516
(2006) on the implementation of judgments of the European
Court of Human Rights, Resolution
1726 (2010) on the effective implementation of the European
Convention on Human Rights: the Interlaken process, and Resolution 1823 (2011) on
national parliaments: guarantors of human rights in Europe, that
those member States which have not yet done so should devise dedicated
mechanisms and procedures for examining whether legislation is compatible
with Convention standards, and for ensuring effective oversight
of the implementation of the Court’s judgments.
7. The Assembly encourages those member States that have not
yet done so to sign and ratify amending Protocol No. 15 to the Convention
(CETS No. 213), while confirming its position, expressed in Opinion 283 (2013) on
the draft Protocol No. 15 amending the Convention for the Protection
of Human Rights and Fundamental Freedoms, that the reference to
the margin of appreciation doctrine must be understood to be consistent
with the doctrine developed by the Court in its case law.
8. The Assembly also invites member States to sign and ratify
additional Protocol No. 16 to the Convention (CETS No. 214), which
will strengthen the link between the European Court of Human Rights
and the States’ highest courts by creating a platform for judicial
dialogue, thereby facilitating the application of the Court’s case law
by national courts.
9. The Assembly regrets that the Committee of Ministers has to
date failed to respond to its call, last made in Recommendation 1991 (2012) on
guaranteeing the authority and effectiveness of the European Convention on
Human Rights, for the Council of Europe’s difficult budgetary situation
to be tackled at the highest political level. It calls on the Secretary
General to take all possible action in this respect.
10. The Assembly fully supports the conclusions of the Brighton
Declaration, in which member States confirmed their commitment to
uphold the right of individual application to the Court and to comply
with their obligation to abide by its judgments. It resolves to
continue to monitor closely steps taken and progress made in guaranteeing
the long-term viability of the Convention system.