The European Convention of Human Rights Corso di inglese giuridico (M-Z) Prof.ssa C. M. Cascione Università degli Studi di Bari ‘Aldo Moro’ Lezione n. 10

The Council of Europe Is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation. was founded in 1949, has 47 member states. is an entirely separate body from the European Union (EU)

Goals Article 1(a) of the Statute states that: "The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress." Therefore, membership is open to all European states which seek European integration, accept the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms.

Differences with the EU the member states of the European Union transfer national legislative and executive powers to the European Commission and the European Parliament in specific areas under European Community law Council of Europe member states maintain their sovereignty but commit themselves through conventions and co-operate on the basis of common values and common political decisions. Those conventions and decisions are developed by the member states working together at the Council of Europe, whereas secondary European Community law is set by the organs of the European Union. Council of Europe cannot make binding laws

Main areas of interest Protection of the rule of law and fostering legal co-operation through some 200 conventions and other treaties Protection of human rights Protection of democracy Promotion of cultural co-operation and diversity

The European Convention of Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention

The European Court of Human Rights It is a supra-national or international court established by the European Convention on Human Rights. It is based in Strasbourg, France It consists of a number of judges equal to the number of the meber states of the council of Europe The Court’s judges sit in their individual capacity and do not represent any State.

ECHR It hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols. An application can be lodged by : an individual a group of individuals one or more of the other contracting states besides judgments, the Court can also issue advisory opinions.

ECHR Where it concludes that a member State has breached one or more of these rights and guarantees, the Court delivers a judgment finding a violation. Judgments are binding: the countries concerned are under an obligation to comply with them.

Jurisdiction: The jurisdiction of the court is generally divided into: inter-state cases applications by individuals against contracting states advisory opinions

Applications by individuals Applications by individuals against contracting states, alleging that the state violates their rights under the European Convention on Human Rights, can be made by any person, non-governmental organisation or group of individuals. Although the official languages of the Court are English and French applications may be submitted in any one of the official languages of the contracting states. An application has to be made in writing and signed by the applicant or by the applicant's representative. Once registered with the Court, the case is assigned to a judge rapporteur, which can make the final decision that the case is inadmissible. A case may be inadmissible when it is incompatible with the requirements of ratione materiae, ratione temporis or ratione personae, or if the case cannot be proceeded with on formal grounds,

If the rapporteur judge decides that the case can proceed, the case if referred to a Chamber of the Court which communicates the case to the government of the state against which the application is made, asking the government to present its observations on the case. The Chamber of Court then deliberates and judges the case on its admissibility and its merit. Cases which raise serious questions of interpretation and application of the European Convention on Human Rights, a serious issue of general importance, or which may depart from previous case law can be heard in the Grand Chamber if all parties to the case agree to the Chamber of the Court relinquishing jurisdiction to the Grand Chamber. A panel of five judges decides whether the Grand Chamber accepts the referral

Other cases Inter-state cases Any contracting state to the European Convention on Human Rights can sue another contracting state in the Court for alleged breaches of the Convention Advisory opinion The Committee of Ministers may, by majority vote, ask the Court to deliver an advisory opinion on the interpretation of the European Convention on Human Rights, unless the matter relates to the content and scope of fundamental rights which the Court already considers