Fourth CoE Summit: EIN calls for Reforms to Improve the Implementation of Judgments of the European Court of Human Rights

The Fourth Summit of the Council of Europe is a crucial opportunity to renew an institution that is central to Europe’s future.

EIN is deeply concerned about the current outlook for a fundamental aspect of the Council of Europe’s work: the implementation of judgments of the European Court of Human Rights (“the Court” or “ECtHR”).

The Summit is a vital opportunity to honestly face the challenge of implementation - and to give the Council of Europe the support it needs to ensure that the European Convention of Human Rights system (“the ECHR system”) is both fully functional and protected for future generations.

In this context, last week EIN sent a Briefing Note to the members of the Committee of Ministers, setting out the need for reforms to improve the implementation of judgments of the European Court of Human Rights.

This note sets out the following points:

The implementation of judgments of the European Court of Human Rights has been invaluable for protecting human rights, democracy and the rule of law in Europe.
However, there is now a critical problem with the non-implementation of ECtHR judgments.
The current state of non-implementation has serious negative effects for the protection of fundamental values – threatening the existence of the ECHR system itself.
An outcome of the Fourth Council of Europe Summit must be well-funded reforms to improve the implementation of ECtHR judgments.
This should include:
- A special representative on the implementation of ECtHR judgments;
- A significant increase in technical co-operation projects focused on ECtHR implementation;
- Increased funding for the Department for the Execution of Judgments;
- Increased participation in CM/DH meetings by relevant government ministers;
- Increased frequency of CM/DH meetings;
- Ensuring that Infringement Proceedings are used more frequently, speedily, and resolutely;
- A new sanction by the Committee of Ministers for continued non-implementation; and
- Increased transparency of the implementation monitoring process and engagement with NHRIs/NGOs.