EIN attends NGO consultation in Copenhagen

On 6 February 2018, the European Implementation Network (EIN) was invited by the Council of Europe Chairmanship of Denmark to participate in a civil society consultation in Copenhagen.

The purpose of the event was to seek feedback from NGOs and other civil society organisations on the draft political declaration on the European Convention on Human Rights. Building on the so-called “Interlaken Process” involving the respective Convention conferences held between 2010 and 2015 in Interlaken, Izmir, Brighton and Brussels, the final declaration will be adopted by the member states of the Council of Europe at a meeting of ministers in mid-April in Copenhagen.

The Danish Chairmanship team.
Photo: EIN

The consultation took the form of a roundtable discussion with over 20 representatives from international, European and Danish NGOs and civil society organisations, including the Legal Resources Centre from Moldova which is an EIN member. The event was chaired by Rasmus Kieffer-Kristensen, Head of the Initiative on the European Court of Human Rights (ECtHR) at the Danish Ministry of Justice; along with Jonas Christoffersen, Director of the Danish Institute of Human Rights.

The chairs noted during the introduction the main goals of the Chairmanship regarding the next declaration, namely to reaffirm member state commitments to the Convention system. At the same time, the Chairmanship intended to address what it assessed as the main challenges affecting the Convention system including those related to the efficiency of the ECtHR, such as the current caseload and the full implementation of judgments. Denmark also hoped to propose new ideas for the future, such as instituting debates on serious instances of non-execution of ECtHR judgments at the annual ministers’ meetings.

NGO representatives at the consultation. Photo: EIN

The EIN Director, Kevin Steeves, and other NGOs representatives thanked the Danish Chairmanship for organising the roundtable. In terms of initial feedback on the draft declaration, text dealing with the themes of national implementation and the execution of judgments, for example, was largely welcomed. In turn, EIN and other NGOs noted concerns with some core elements of the draft declaration. These included the Chairmanship’s interpretation of the principle of subsidiarity regarding the primary role of national systems in safeguarding human rights; and the associated margin of appreciation that national courts are afforded in implementing the Convention and when. NGO representatives cautioned against any language that could be interpreted as challenging the role and authority of the ECtHR, including around asylum and immigration and in the context of dealing with cases stemming from conflicts. Similar questions were asked of language in the draft declaration suggesting the need for “enhanced dialogue” between member states and the ECtHR including the engagement of “States Parties and their populations” in debates on Convention rights.

After the consultation, EIN teamed up with five other NGOs to adopt a joint statement on the draft declaration. This was the second joint effort by the NGOs, following the first NGO response to the Danish initiative stemming from the High-Level Expert Conference called ‘2019 and Beyond: Taking Stock and Moving Forward from the Interlaken Process’, which was held in Denmark at the end of November 2017. In the second declaration several specific recommendations for amendments to the draft declaration were made. In total, EIN and the other NGOs argued that the amendments were necessary in order for the final declaration to clearly state the Court’s independence and more broadly the universality of human rights.

In addition to the member state replies on the Danish draft declaration, there have also been responses from the ECtHR itself as well as other important stakeholders such as the Conference of International NGOs of the Council of Europe.

In the case of the ECtHR, it prepared an opinion on the draft declaration. In particular, the Court noted that:

“[i]t has been the consistent message of the Court throughout the reform process that the implementation phase of the procedure is in need of improvement. … The Court therefore considers that the critical importance of effective execution for the overall functioning of the Convention system calls for special emphasis in the declaration. It invites the Conference to explicitly reiterate the States Parties’ strong commitment to the full, effective and prompt execution of judgments of the Court, …”

EIN will continue to analyse developments and meet with relevant stakeholders in order to monitor the process leading up to the adoption of the final declaration in Copenhagen in mid-April.

Inaugural training seminar held by EIN in Warsaw

The European Implementation Network (EIN) held its first-ever training seminar at the Helsinki Foundation for Human Rights in Warsaw from 2 to 3 February 2018.

The design of the training centred on the Council of Europe (CoE) process that underpins the supervision of the implementation of the judgments of the European Court of Human Rights (ECtHR).

Presentation by Nikolaos Sitaropoulos, Head of Division, Department for the Execution of Judgments, Council of Europe. Photo: EIN

Under Rule 9.2 of the Rules of the Committee of Ministers (CM), the CoE’s decision-making body responsible for ensuring the implementation of ECtHR judgments, civil society organisations can make submissions in support of the implementation process. These inputs and associated advocacy efforts in Strasbourg and domestically are vital to an effective, transparent and participatory execution process. They provide the CM with up-to-date and accurate information and analyses on the state of implementation and enable civil society organisations to take part directly in the execution process.

Yet civil society organisations active in CoE member states currently underutilise the opportunities afforded to them by Rule 9.2 submissions. The impetus for the training stemmed in fact from an EIN analysis in mid-2017. This showed that there were only 90 such submissions in all of 2016 in the face of nearly 10,000 cases pending implementation, including 1,500 leading cases. In comparison, governments submitted 227 Action Plans and 460 Action Reports in 2016, respectively.

As a result, there is an ongoing need to increase the involvement of NGOs in making Rule 9.2 submissions to adequately complement the information on the status of implementation coming from governmental sources; and ensure that the information and analyses provided are pertinent to overcoming the respective challenges to implementation as seen through the lens of the work of NGOs and other civil society organisations.

Over 25 participants took part in Warsaw training event, including staff from EIN members and partners, the Head of a Division in the CoE’s Department for the Execution of Judgments, the Government Co-Agent for the Coordination of the Execution of Judgments, the Polish Ombudsman and others.

Through a mix of interactive sessions, the training in Warsaw allowed participants to enhance their skills related to the execution process of the CoE and to better understand and navigate the opportunities offered for getting involved in this process. Participants benefited from the experience of others and shared best practices in preparing and drafting impactful Rule 9.2. submissions. The training focused as well on advocacy activities in Strasbourg and domestically to ensure the follow-up to submissions.

Discussion with Adam Bodnar, Polish Ombudsman. Photo: EIN

Presentation by Sebastian Kurek, Government Co-Agent for the Coordination of the Execution of Judgments, Ministry of Foreign Affairs, Poland. Photo: EIN

The feedback received from the participants was very positive overall. As a result, EIN made relevant enhancements and adjustments based on the suggestions received and is now calling for applications for the next training seminar to be held in Strasbourg from 21 to 22 June 2018.  More information including the application form, which is due by 26 April, can be found here.

EIN launches new office in Strasbourg

EIN Secretariat near the European Court of Human Rights and other Council of Europe organs.
Photo: Agnès Ciccarone

EIN launches new office in Strasbourg

On 3 January 2018, the European Implementation Network (EIN) opened its first physical office in Strasbourg. The office serves as the secretariat for Network members and partners across Europe and is located at the premises of René Cassin Foundation - International Institute of Human Rights.

Based just next to the European Court of Human Rights (ECtHR), the office will enable the Network to maintain regular operations and activities and strengthen interaction and engagement with Council of Europe entities and Permanent Representations of Council of Europe member states in support of the implementation of human rights judgments of the ECtHR.

The move was made possible thanks to Jean-Paul Costa, President of the René Cassin Foundation; Sébastien Touzé, the Foundation’s Director; and the rest of the Foundation team, who agreed to provide EIN with its own working space separate from the Foundation.

President Costa said:

‘I am delighted to see EIN in Strasbourg and welcome the Network at our premises in the René Cassin Foundation. EIN has a vital role to play in ensuring that NGOs and other civil society organisations can act to advance the implementation of judgments of the European Court of Human Right. I expect the Network to be at the forefront of these efforts in the years to come and look forward to seeing the benefits of their civil society presence in Strasbourg and the support they provide to Network members and partners across Europe.’

The move to a physical office marks another important development in EIN history. Initially conceived as a project of Judgment Watch, an organisation in Geneva dedicated to advocating the implementation of human rights judgments across the globe, EIN and the Open Society Justice Initiative began convening joint quarterly briefings in 2015 on ECtHR judgments for the Committee of Ministers, the Council of Europe body that supervises the implementation process. In January 2017, EIN was legally registered as an association in Strasbourg following its launch event in December 2016 at the ECtHR. The first EIN Director as well as the Finance and Events Officer were hired during 2017. The inaugural EIN training seminar for Network members and partners, focused on strengthening the role of NGOs in the judgment execution process of the Committee of Ministers, took place in Warsaw in February 2018 at the Helsinki Foundation for Human Rights.

Kevin Steeves, EIN Director, and Agnès Ciccarone, EIN Finance and Events Officer, in front of the René Cassin Foundation, home of the EIN Secretariat.
Photo, Kevin Steeves

Photo, Kevin Steeves