Un articol de-al meu a fost inclus in cel mai recent numar al periodicului Roma Rights editat de European Roma Rights Centre, avand ca focus tematic problematica implementarii hotararilor CEDO privindu-i pe romi. Articolul meu, plasat in introducerea jurnalului, ofera o perspectiva generala asupra acestei teme, prin prisma perpetuei reforme a mecanismului consacrat de Conventie. Restul jurnalului contine mai multe studii de caz, inclusiv unul privind implementarea defectuoasa a hotararilor CEDO privind pogromul din Hadareni, scris de prietenul Istvan Haller.
Iata introducerea articolului:
Improving the Effectiveness of the Implementation of Strasbourg Court Judgments in Light of Ongoing Reform Discussions
The system of human rights protection instituted by the European Convention on Human Rights (ECHR or the Convention) is rightly considered to be the most successful and innovative in the world. However, in the past 15 years the European Court of Human Rights (ECtHR or the Court) has faced escalating challenges threatening its very existence. The most significant problem is that the Court is overwhelmed by a mounting number of cases. In May 2010, the number of cases pending before a judicial formation within the Court had risen to 126,200, representing a 60% increase since the beginning of the year. Managing this caseload is an increasingly difficult task causing very long waiting times, which are potentially in breach of the fair trial rules included in the Convention. This crisis has engendered an extensive debate, which has now been ongoing for many years. It aims at identifying the best solutions for stemming the flow of cases and restoring the effectiveness of the Court. The reform discussions have led to the publication of many reports (by the Evaluation Group, Lord Woolf, the Group of Wise Persons and the Court), declarations, recommendations, resolutions and at least one Protocol to the Convention (No. 14). The process received fresh impetus from a high-level inter-governmental conference, which took place in February 2010 and led to the adoption of the Interlaken Declaration. Therein, the 47 Council of Europe Member States formally reaffirmed their commitment to the Convention and the Court and adopted an action plan “as an instrument to provide political guidance for the process towards the long-term effectiveness of the Convention system,” including a timeline for its implementation.
This article provides a non-exhaustive account of the main themes of the discussions aimed at improving the implementation process and examines the main achievements of the reform process in that context. States are primarily responsible for enforcing the Convention in their jurisdiction, under the supervision of the Committee of Ministers. In addition, the Court and the Parliamentary Assembly of the Council of Europe (PACE) have the ability to influence the process to ensure better execution. I will examine the international dimensions of the implementation process in light of the wider debates concerning the reform of the Court.
This article should provide some useful background to the discussion hosted by the current issue of Roma Rights, which focuses on the perceived poor implementation of ECtHR judgments concerning Romani applicants. Claims that the States’ records of implementing Roma rights judgments is poorer compared to judgments concerning other categories of claimants are not supported by empirical evidence. Recent research concludes that “on the whole […] minority-related judgments are not characterised by slower or delayed implementation in comparison to the other cases.” On the other hand, a detailed understanding of the challenges and opportunities presented in the implementation process would assist Roma rights advocates in maximising their chances of achieving full compliance with judgments of the Court in their area of interest.
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