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Recommendation 2129 (2018)
Copenhagen Declaration, appreciation and follow-up
1. The Parliamentary Assembly takes
note of the Declaration adopted at the Conference on the Continued Reform
of the European Human Rights Convention System o Better Balance,
Improved Protection, organised in Copenhagen on 12 and 13 April
2018 by the Danish Chairmanship of the Committee of Ministers.
2. The Assembly refers to its own previous work on the reinforcement
and reform of the system of the European Convention on Human Rights
(ETS No. 5, “the Convention”), notably Resolution 1726 (2010) “Effective
implementation of the European Convention on Human Rights: the Interlaken
Process”, Resolution 1856
(2012) and Recommendation 1991
(2012) on guaranteeing the authority and effectiveness
of the European Convention on Human Rights, and Resolution 2055 (2015) and Recommendation 2070 (2015) “The
effectiveness of the European Convention on Human Rights: the Brighton
Declaration and beyond”.
3. The Assembly welcomes the reaffirmation in the Copenhagen
Declaration by the States parties of their commitment to the Convention,
to the fulfilment of their obligations thereunder and to the right
of individual application as a cornerstone of the system. It shares
their recognition of the fact that the Convention has made an extraordinary
contribution to the protection and promotion of human rights and
the rule of law in Europe and continues to play a central role in
maintaining democratic security and improving good governance.
4. The Assembly is also appreciative of the fact that the Copenhagen
Declaration, as adopted, largely reflects the approach advocated
by the Assembly in its declaration adopted by the Standing Committee
on 16 March 2018. In particular, it fully agrees that ineffective
national implementation “remains the principal challenge confronting
the Convention system” and that the caseload of the European Court
of Human Rights (“the Court”) “still gives reason for serious concern”.
It also welcomes the States parties’ reaffirmation of their “strong
commitment to the full, effective and prompt execution of judgments”.
5. The Assembly is nevertheless greatly concerned that a founding
member of the Council of Europe saw fit to submit a draft declaration
that would have put in question some of the fundamental principles
on which the Convention system depends. This is all the more disappointing
for the fact of apparently being motivated by purely domestic considerations,
regardless of their consequences for Europe’s core human rights
protection mechanism. The Assembly trusts that future chairmanships
of the Committee of Ministers will take a more constructive and
supportive approach towards the Convention and the Court.
6. Despite the significant progress made in refining the initial
draft text in order to arrive at the final, adopted version, the
Assembly has certain concerns with regard to the Copenhagen Declaration,
in particular the following:
6.1. whilst
recognising that ineffective national implementation and inadequate
execution of Court judgments are still the main problems facing
the Convention system, the Declaration proposes very few new solutions;
6.2. the Declaration still contains vaguely defined and conceptually
problematic ideas about “dialogue” between the States parties and
the Court, including on the interpretation of Convention rights, which
could be developed in ways that would threaten the Court’s independence;
6.3. the Declaration fails to appreciate and encourage in an
adequate manner the role and contributions of other stakeholders
and actors, including the Assembly, national parliaments, the Council of
Europe Commissioner for Human Rights and civil society.
7. The Assembly therefore calls on the Committee of Ministers
to:
7.1. take concerted and effective
action to address the problems of ineffective national implementation
of the Convention, including inadequate execution of Court judgments,
notably on the basis of recommendations contained in Assembly Resolutions 1726 (2010), 1856 (2012) and 2055 (2015) and Recommendations 1991 (2012) and 2070 (2015), and
in the intergovernmental expert reports prepared in the course of
the Interlaken reform process;
7.2. avoid any statements or actions that might undermine the
independence of the Court when exercising its jurisdiction under
Article 32 of the Convention, and call on States parties to seek
to influence the Court’s interpretation of the Convention only in
the course of judicial proceedings, including through third-party
interventions;
7.3. engage fully all stakeholders in the Convention system,
including the Assembly, in the reform process and ensure that their
roles and contributions are recognised and encouraged as part of
the overall package of measures intended to reinforce the Convention
system.
8. The Assembly resolves to continue following the process of
reform of the Convention system, with a view to protecting its fundamental
principles, including the independence of the Court, reinforcing
the role of national parliaments and holding States parties to account
for the fulfilment of their obligations.