.png){kind=icon}
1. Distinguish the Council of Europe from the European Union.
The Council of Europe is an organisation of (now) 47 European states committed to the promotion and protection of democracy, human rights and the rule of law. The European Convention of Human Rights is an act of the Council of Europe. The European Union is a union of European states (27 after Brexit) based around the idea of economic integration through a single market as well as the promotion of a range of other values aimed at “an ever closer union”.
2. What are the institutions established by the statute of the Council of Europe and what is their primary function?
The Committee of Ministers is the primary policy making body of the Council of Europe. It also supervises the putting into effect of the judgments of the Court of Human Rights (established under, not by, the statute). The Parliamentary Assembly is the chief deliberative body of the Council of Europe. It can make “Recommendations” for the Committee of Minister to consider and perhaps act on.
3. What is the function of the Office of the Human Rights Commissioner of the Council of Europe?
To promote awareness of the need to protect human rights in Europe; the Commissioner also visits and comments on the protection of human rights in the individual member states.
4. What are the principal obligations of states under the ECHR?
Under Article 1 ECHR states agree to secure the Convention rights of everyone in their jurisdiction, provide effective remedies in domestic courts for breaches, allow everyone access to the European Court of Human Rights, and put into effect any adverse judgments of the Court.
5. What is the basic principle governing the extra-territorial application of the ECHR? Give two examples of where it has been applied.
States must protect the Convention rights of everyone within their “jurisdiction”. This is defined by reference to the internationally agreed territory of the state. However there are exceptions so that, for example, an individual may have (at least some) Convention rights when affected by the actions of a state’s agents (e.g. the military) in foreign countries over which the European state is exercising some degree of control. Two cases in which effective UK control over areas of Iraq, subsequent to the invasion of 2003, was recognised were Al-Jedda v UK (2011) 53 EHRR 23 (involving the right to liberty of a detainee) and Al-Saadoon v UK (2009) 49 EHRR SE11 (involving the right not to be tortured of a detainee).
6. In outline, what are the purposes of Protocols 11, 14, 15, and 16?
Protocol 11: a major reorganisation of the Convention system, including the establishment of the modern Court as a full time professional judicial body.
Protocol 14: further procedural reforms, in particular reforms aimed at speeding up the admissibility process.
Protocol 15: further tightening of the admissibility procedures and provisions aimed at strengthening the role of states by adding references to subsidiarity and margin of appreciation to the Preamble.
Protocol 16: will allow the Grand Chamber wider powers to give advisory opinions.
7. What is the function of the Grand Chamber?
To hold re-hearings (not appeals on particular points) of cases decided by or relinquished by a Chamber. It also has jurisdiction to issue advisory opinions in limited circumstances.
8. How does someone become a judge of the European Court of Human Rights?
Judges are elected by the Parliamentary Assembly from lists provided by the governments of member states.
9. What is a ‘pilot procedure’? Give an example of its use.
This involves judicial enforcement of large scale breaches of Convention rights – usually where the national law is incompatible with Convention rights and there are a large number of possible claimants. Rather than deal with individual cases the ECtHR comes up with a procedure and time scale for resolving the problem. A good example is the Court’s approach to the total ban on prisoners’ voting in the UK (see Greens v UK).
10. What is the right of individual application?
The right of an individual to bring an application alleging a breach of Convention rights before the Strasbourg authorities. It can be compared with applications brought by signatory states against the state allegedly in breach.