Conference: Taking into account the execution of ECtHR judgments, a key element for the rule of law in the EU
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We are organising a consultation ahead of the Conference: to participate, click here. Your contribution on the 3 questions asked will be valuable in the preparation of our debates.
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The decline of democracy in several European states has led to a reaction from the European institutions. In particular, the opening of the Article 7 TFEU procedure against Poland and Hungary, and the new annual review of the rule of law by the European Commission. Additional and more far-reaching mechanisms have also been proposed to address threats to democracy, human rights and the rule of law. Overall, the EU's response to the decline in democracy is at an important stage of development, and it is essential that it includes all the essential information and analysis to inform its action.
The European Convention on Human Rights, as interpreted by the European Court of Human Rights (ECtHR), is an essential safeguard against the re-emergence of authoritarianism in Europe. The ECtHR is the oldest international institution on the continent designed to protect the fundamental values of democracy, human rights and the rule of law, and the only one that can pronounce on these values in their entirety. By acceding to the Convention and implementing the judgments of the ECtHR, states are obliged to rectify any problems with these fundamental values that may arise.
However, there is a serious problem with the functioning of the European Court of Human Rights system: the non-implementation of the Court's judgments. Of the 'leading' judgments of the European Court of Human Rights against EU states over the last ten years - i.e. those which highlight serious or structural problems - 38% remain unimplemented. 75% of the major judgments of the European Court of Human Rights against Hungary over the last ten years are still pending execution, for Romania and Bulgaria the figure is around 50%.
The non-implementation of the judgments of the European Court of Human Rights is a profound sign that human rights, democracy and the rule of law are under threat. European rule of law mechanisms should naturally take this non-enforcement into account. Despite this, the new annual rule of law review refers to only a tiny fraction of the ECtHR's unenforced judgments, focusing on defamation and judicial independence.
On 17th February 2022, from 17.00 to 19.00, EIN will organise in Strasbourg a public Conference debate on the challenges represented by the non-implementation of the ECtHR judgments for the rule of law in the European Union.
It will aim to illustrate the importance of mainstreaming the execution of ECtHR judgments for the rule of law and the protection of human rights in the EU, by giving the floor to NGO representatives active in several European countries. The Conference will also result in the presentation of a Statement by the EIN and its partners for the European institutions to take into account the execution of ECtHR judgments in the review mechanisms of the rule of law in the EU.
This conference-debate will be held in the framework of the Conference on the Future of Europe, in cooperation with the Faculty of Law of Strasbourg University, and in particular the IRCM research institute, and with the support of the city of Strasbourg. The Vice-President of the European Parliament Katarina Barley will be present at the Conference and will take part in our debate.
You can find the final programme for the Conference here.
Meeting venue:
The Conference will be organised in the Conference room of the MISHA building, located 5 allée du général Rouvillois, 67000 Strasbourg, near the Faculty of Law of Strasbourg university.
Registrations to the Conference are now closed.
You can follow the Conference (in original language only) on the website of the MISHA: https://www.youtube.com/c/MISHAlsace