Due to an ever increasing number of applications pending before the European Court of Human Rights (ECtHR) which jeopardise the proper function of the Convention’s control system, permanent measures need to be taken in order to prevent a collapse of the system. At present there are 89000 cases pending, of which more than 90% of cases brought before the ECtHR are deemed to be inadmissible. The amount of time a case is pending before the Court is too long, and the back-log of cases is growing. A Group of Wise Persons was set up at the Council of Europe’s Warsaw Summit in May 2005 to propose effective measures to remedy the situation.
09/05/2007 ::
The Group of Wise Persons’ objective was to consider the long-term effectiveness of the European Convention on Human Rights' control mechanism, including the initial effects of Protocol number 14 to this Convention, and to introduce proposals on how to tackle the backlog of pending cases. The Group was led by Gil Carlos Rodríguez Iglesias.
The recommendations made by the Group of Wise persons presume that Protocol 14 will be ratified and implemented. Presently, the Council of Europe is still awaiting the ratification of the protocol by the Russian Federation. Amongst several new measures, Protocol 14 seeks to reduce the time spent by the ECHR on manifestly inadmissible and repetitive cases.
The main proposals set out in the report of the Wise Persons are:
- Greater flexibility of the procedure for reforming the judicial machinery. This will make it possible for the Committee of Ministers to carry out reforms by way of unanimously adopted resolutions without an amendment to the Convention being necessary each time.
- The establishment of a new judicial filtering mechanism through a Judicial Committee. The proposed new Judicial Committee will be separate, but attached to the ECHR. It will make it possible to ensure that individual applications result in a judicial decision while relieving the ECHR of a large number of cases, enabling it to focus on its essential role. It is intended that it would in particular perform functions which, under Protocol No. 14, are assigned to committees of three judges and single judges.
- The improvement of the dissemination of the ECHR’s case- law.
- The establishment of non- binding and optional Advisory opinions. This would involve the possibility for national courts to apply directly to the ECHR for advisory opinions on legal questions relating to the interpretation of the Convention and its protocols.
- The improvement of domestic remedies for redressing violations of the Convention. This need can be highlighted by the fact that one of the main forms of litigation before the ECHR is the length of proceedings in civil, criminal and administrative cases. The introduction of effective mechanism at domestic level in all member states would relieve the ECHR of a considerable number of cases, as persons seeking justice would no longer need to apply to the ECHR to obtain redress.
- The promotion of the “pilot judgment” procedure. The introduction of the extensive use of pilot judgments will facilitate the most speedy and effective resolution of problems in the relevant national legal order.
- The report encourages recourse to mediation at national or Council of Europe level through friendly settlements. This is intended to reduce the ECHR’s workload while assist both victims and member states.
- The report suggests the extension of the duties of the Commissioner of Human Rights. The Commissioner should respond actively to the announcement of Court decisions finding serious violations of human rights. He could also promote the setting up of bodies with responsibility for resolving human rights violations through mediation at national level.
The Committee of Ministers has decided to organise a broad hearing at national and European level, before making the decisions about the follow up of the report.