Independence of the Judiciary: European standards

Independence of the Judiciary: European standards

Head of ICJ’s Centre for the Independence of Judges & Lawyers, Matt Pollard, today moderated a side event on “Securing the independence and effectiveness of the Judiciary: European initiatives and perspectives in global context” at the UN Human Rights Council.

At the event, representatives of the Council of Europe highlighted the work of the European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Judges (CCJE). The UN Special Rapporteur on the Independence of Judges and Lawyers, Ms Gabriela Knaul (from Brazil) reflected on the global relevance of European initiatives and institutions during her six years in the mandate.

Matt Pollard discussed the impact of Council of Europe standards and jurisprudence, both within Europe and in terms of global influence, from the perspective of civil society, as well as highlighting that standards and jurisprudence developed in other regions also present a rich source that European institutions should do more to draw on in their own work.

The interactive Panel discussion included extensive questions and comments from state delegations and civil society representatives in attendance at the event.

Panelists:
Mr. Georg Stawa, President of the European Commission for the Efficiency of Justice, Council of Europe
Mr. Bart van Lierop, President of the Consultative Council of European Judges
Mrs. Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers
Mr. Matt Pollard, Centre for the Independence of Judges and Lawyers, International Commission of Jurists (moderator)

This side event was organised by the Permanent Delegation of the Council of Europe to the UN Office in Geneva, with the co-sponsorship of Australia, Botswana, Hungary, Mexico as the main sponsors of the resolution on the independence of judges and lawyers

Joint NGO Response to the draft Brussels Declaration on the “Implementation of the European Convention on Human Rights, our shared responsibility”

Joint NGO Response to the draft Brussels Declaration on the “Implementation of the European Convention on Human Rights, our shared responsibility”

The ICJ, and other NGOs present at the Brussels Conference on the implementation of the European Convention on Human Rights today responded to the final draft of the Brussels Declaration to be adopted today, with ten specific action points.

The response welcomes the draft Declaration’s deadline of June 2016 to improve the execution of the judgments of the European Court of Human Rights, but regrets that it does not set out the specific measures that states and the Committee of Ministers should take to improve implementation.

CouncilofEurope-JointStatement-ExecutionofJudgments-BrusselsConference-Advocacy-non legal submission-2015-ENG (download the joint statement)

Council of Europe: ICJ and AI submission on draft foreign fighters protocol

Council of Europe: ICJ and AI submission on draft foreign fighters protocol

The ICJ and Amnesty International have presented a submission on the draft of an Additional Protocol supplementing the Council of Europe Convention on the Prevention of Terrorism.

In their submission, the ICJ and AI outlined before the Committee on Foreign Terrorist Fighters and Related Issues (COD-CTE) of the Council of Europe the general principles of human rights law related to the issue of foreign fighters and the implementation of Security Council resolution 2178(2014) and made observations on the draft criminal offences contained in the draft protocol.

The submission outlines positions and concerns with relation to:

  • The lack of definition of central concepts like “terrorism”, “terrorist acts”, and “foreign fighters”
  • The risk of introducing criminal offences lacking the clarity, accessibility and foreseeability required by the principle of legality
  • The risk of conflation of of different legal regimes, notably of international humanitarian law and ordinary criminal law
  • The need to investigate and prosecute existing crimes under international law
  • The need to ensure that any criminalisation of acts or omissions must have a close connection to the commission of the principal criminal offence, with a real risk that such a principal criminal act would in fact take place
  • Specific comments on the draft offences of participation in an association or group for the purpose of terrorism; receiving training for terrorism; travelling abroad for the purpose of terrorism; funding travelling abroad for the purpose of terrorism; organizing or otherwise facilitating travelling abroad for the purpose of terrorism.

CouncilofEurope-Submission-ForeignFighters-Advocacy-Legal Submission-2015-ENG (download the observations)

ICJ expresses satisfaction at progress on business and human rights within the Council of Europe

ICJ expresses satisfaction at progress on business and human rights within the Council of Europe

The ICJ participated in a meeting of experts within the Council of Europe’s Steering Committee on Human Rights (CDDH) in Strasbourg on 14-16 October 2013.

The Drafting Group on Human Rights and Business of the Steering Committee on Human Rights (CDDH-CORP) has drafted a Declaration of support to the Guiding Principles on Human Rights and Business for consideration by the Committee of Ministers. The ICJ expresses satisfaction at the progress made during the meeting and hopes that the draft declaration will be finally approved by Ministers and that this expert group will be able to move on to drafting a non-binding instrument on access to justice in the context of business activities.

Steering Committee meeting page (for agenda and report, including the draft Declaration)

Photo credit: © notfrancois (the author has no involvement in nor does support this submission)

ICJ comments on draft EU accession agreement to European human rights convention

ICJ comments on draft EU accession agreement to European human rights convention

The ICJ, Amnesty International and the AIRE Centre submitted written comments on the draft EU accession agreement to the European Convention on Human Rights.

The ICJ, Amnesty International and the AIRE Centre have submitted written observations, on the occasion of the last meeting of the 47+1 Group in charge of the negotiations on the accession of the European Union to the European Convention on Human Rights. The observations focussed on issues of jurisdiction, responsibility, and on the mechanism of co-respondence in cases involving the EU.

EUAccessionECHR-Paper-Joint-2013 (download the paper)

Photo credit: © Yanni Koutsomitis (the author of the picture has no involvement in nor does support this submission)

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