Motion for a recommendation | Doc. 12843 | 23 January 2012

The European Convention on Human Rights: reinforcement and consolidation of the training of judges, law enforcement officials and lawyers

Signatories: Mr Dick MARTY, Switzerland, ALDE ; Lord Donald ANDERSON, United Kingdom, SOC ; Ms Anne BRASSEUR, Luxembourg, ALDE ; Mr Boriss CILEVIČS, Latvia, SOC ; Mr Ahmet Berat ÇONKAR, Turkey, EDG ; Mr Şaban DİŞLİ, Turkey, EPP/CD ; Ms Mirjana FERIĆ-VAC, Croatia, SOC ; Mr György FRUNDA, Romania, EPP/CD ; Mr Andreas GROSS, Switzerland, SOC ; Mr Mike HANCOCK, United Kingdom, ALDE ; Mr Andres HERKEL, Estonia, EPP/CD ; Mr Serhiy HOLOVATY, Ukraine, ALDE ; Mr Andrej HUNKO, Germany, UEL ; Ms Susanna HUOVINEN, Finland, SOC ; Ms Susanna HUOVINEN, Finland, SOC ; Mr Rafael HUSEYNOV, Azerbaijan, ALDE ; Mr Karol KARSKI, Poland, EDG ; Mr Serhii KIVALOV, Ukraine, EDG ; Ms Nursuna MEMECAN, Turkey, ALDE ; Mr Krasimir MINCHEV, Bulgaria, EPP/CD ; Mr João Bosco MOTA AMARAL, Portugal, EPP/CD ; Mr Gebhard NEGELE, Liechtenstein, EPP/CD ; Mr Tudor PANŢIRU, Romania, SOC ; Mr Ivan POPESCU, Ukraine, SOC ; Ms Marietta de POURBAIX-LUNDIN, Sweden, EPP/CD ; Mr Christos POURGOURIDES, Cyprus ; Mr Maximilian REIMANN, Switzerland, ALDE ; Mr Egidijus VAREIKIS, Lithuania, EPP/CD

This motion has not been discussed in the Assembly and commits only those who have signed it.

The Parliamentary Assembly notes with satisfaction that the European Convention on Human Rights is part of the domestic legal order and is applicable in principle in all States Parties to the Convention. The practical implementation of this principle needs reinforcement and consolidation, so as to ensure the effectiveness of the Convention.

The proper implementation of the Convention at the national level includes the need to take into account the Strasbourg Court’s case-law, as stressed in numerous recommendations of the Committee of Ministers. Hence the need to step-up efforts to ensure the training of judges, prosecutors, law enforcement officials and lawyers.

The Court has recently proposed to develop its own training programme. This is not a matter that should, as such, be undertaken by a judicial organ, in particular one that is struggling to keep up with its heavy caseload. A court’s primary role is to adjudicate applications brought before it. Training should be undertaken primarily at the level of the Organisation’s intergovernmental sector in partnership, where appropriate, with others.

The existing training programmes of the Council of Europe are in need of an overhaul. Substantial efforts must be made to improve the manner in which this important work is undertaken. There is an urgent need to centralise and co-ordinate strategies for the Council of Europe’s various existing training programmes so as to permit member states to implement relevant Committee of Ministers recommendations to this effect. The Assembly therefore recommends to the Committee of Ministers that it undertakes a major stock-taking and overhaul of the manner in which the system presently operates, which may necessitate establishing a Council of Europe “Judicial Training School” or similar institution.