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Resolution 2009 (2014) Final version
Reinforcement of the independence of the European Court of Human Rights
1. The authority and effectiveness
of the European Court of Human Rights (“the Court”) are contingent
on the genuine independence and impartiality of its judges, backed
up by a professional non-partisan Registry.
2. Notwithstanding the various measures taken over the years
to strengthen the independence of the Court, there is still room
for improvement.
3. In particular, the nine-year non-renewable term of office,
introduced by Protocol No. 14 to the European Convention on Human
Rights (ETS No. 5 and CETS No. 194) may not have completely eliminated
the leverage State authorities might have on judges during their
term of office, especially with respect to judges who, after leaving
the Court, have not yet reached retirement age. Some of them have
experienced difficulties in finding appropriate employment at the
end of their term of office.
4. The Parliamentary Assembly has studied additional measures
that can be taken in order to reinforce the Court’s independence,
including:
4.1. for member States
who have not yet done so, to ratify the Sixth Protocol to the General Agreement
on Privileges and Immunities of the Council of Europe (ETS No. 162);
4.2. in so far as social security and retirement pensions of
judges are concerned, for present arrangements to be reviewed. More
flexibility should be offered with regard to the choice of a pension scheme
(international or national, or both), as well as the possibility
to withdraw from the current obligatory scheme on the basis of clear
transitional rules establishing transfer and/or return of accumulated
funds;
4.3. in so far as the status of judges at the end of their
term of office is concerned, to ensure that improvements to the
present situation are made at national level. Appropriate measures
should be considered by member States to assist former Court judges
to find employment upon the expiration of their term of office.
These measures may differ depending on the position that the person
had occupied before election as a judge to the Court;
4.4. the organisation of the work of the Registry of the Court
may merit re-assessment, in particular with regard to the policy
of non-renewable contracts for assistant lawyers.
5. Finally, the Assembly stresses that the independence and authority
of the Court are contingent on the political will and commitment
of all member States of the Council of Europe, including States’
legislative organs, to ensure that the Court is provided with the
financial means to effectively implement its human rights mandate.