Doc. 9861

9 July 2003

The European Convention on Human Rights and on enhancing the effectiveness of the European Court of Human Rights

Motion for a resolution

presented by Mr McNamara and others

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

1.       The Parliamentary Assembly considers that the enlargement of the Council of Europe and the accession of Central and Eastern European democracies to the European Convention on Human Rights (ECHR) bring stability to all countries of greater Europe and hold out hope for its 800 million citizens. The ECHR and the European Court of Human Rights play a central role in the protection of human rights and fundamental freedoms on this continent.

2.       The Assembly welcomes the efforts the Committee of Ministers and its subordinate bodies have made so far to guarantee the long-term effectiveness of the European Court, which faces a continuing increase in numbers of individual applications submitted to it.

3.       It also appreciates that the current work relating to the reform of the Court includes other aspects than its workload, such as preventing human rights violation at national level, improving domestic remedies to such violations and accelerating and improving national execution of Court judgements.

4.       In this connection the current discussion on the right of individual application to the European Court is of fundamental relevance. The Assembly should contribute to the discussion and analyse the implications of the solutions envisaged before the finalisation of any draft protocol to the ECHR.

5.       Accordingly, the Assembly decides to discuss, as soon as possible, all problems relating to applicants’ access to the Court, the effectiveness of its work, the impact of its case law and the application in individual countries of the ECHR.

Signed (see overleaf)

Signed 1:

McNamara, United Kingdom, SOC

de Puig, Spain, SOC

Einarsson, Sweden, UEL

Err, Luxembourg, SOC

Holovaty, Ukraine, LDR

Jakič, Slovenia, LDR

Janssen van Raaij, Netherlands, EPP/CD

Jurgens, Netherlands, SOC

Lloyd, United Kingdom, SOC

Magnusson, Sweden, SOC

Pangalos, Greece, SOC

1        SOC: Socialist Group