Reform of the European Court of Human Rights is an important task for the Council of Europe. The Court plays a unique and central role in European human rights efforts, but has experienced a huge increase in its workload in recent years. If it is to fulfil its vital role, the Court must be provided with the conditions necessary for it to deliver judgments within a reasonable time. Today, far too many cases, some concerning grave and urgent human rights violations, take far too long to reach a judgment.
28/12/2005 :: In a situation where the Court simply is not able to cope with the massive numbers of cases - approximately 82,000 applications were pending at the beginning of October 2005, the Norwegian government is very pleased that the Committee of Ministers, at its 114th session on 12 May, adopted a comprehensive reform package.
The reform package consists of measures that address the Court’s excessive case-load, including Protocol No. 14 to the European Convention on Human Rights. The purpose of the protocol is to increase the effectiveness of filtering and of subsequent processing of applications by the Court. The main new features included are:
- A single judge will have the power to declare inadmissible an application in clear-cut cases, where the inadmissibility of the application is manifest from the outset. This should help the Court to decide rapidly on such cases;
- A simplified procedure for "repetitive cases", where the existing case-law of the Court clearly shows that there is a violation of the Convention;
- A new admissibility criterion making it possible to declare inadmissible cases where the applicant has not suffered a significant disadvantage.
Norway is convinced that the Protocol 14 will contribute substantially to the efficiency of the Court, and thereby to the protection of human rights in Europe. It is most important for the Court’s functioning that the Protocol comes into force as soon as possible. Norway will do its utmost to contribute to this aim.
Norway shares the view that the Protocol 14 will only be effective if the processing capacity of the Court’s registry is increased, and this will necessitate the allocation of sufficient budgetary resources to the Court.
Furthermore, Norway attaches considerable importance also to the recommendations, resolution and declaration that were adopted as part of the reform package. The Court’s long-term efficiency can only be guaranteed if the member states themselves make a major effort to reduce the Court’s case-load by improving national implementation of the European Convention on Human Rights, with particular priority being given to the improvement of domestic remedies. The member states must also make a real effort to reduce the massive flow of manifestly inadmissible applications to the Court, by ensuring that better guidance is given to potential applicants.
Norway focused during its chairmanship on the following:
- take the necessary steps to ensure the entry into force of the reform of the Convention, in particular Protocol No. 14
- take the necessary steps to follow up the decisions of the declaration, in particularly those which the Committee of Ministers are to follow up
- take specific and effective measures to improve and accelerate the execution of the Court’s judgements, notably those revealing an underlying systemic problem
- monitor the execution of the recommendations to member states
- assess the necessary resources necessary for the rapid and efficient implementation of Protocol 14
- take an initiative to organise a symposium on the reform of the Court