Collected Courses of the Academy of European Law / Recueil by Rolv Ryssdal (auth.), Frank Emmert (eds.)

By Rolv Ryssdal (auth.), Frank Emmert (eds.)

Your invitation to me, because the President of the ecu court docket of Human Rights, to finish this year's research programme at the defense of hu­ guy rights in Europe by means of providing the celebrated Winston Churchill lec­ ture is a smart honour not just for me for my part yet for the eu court docket of Human Rights as a complete, and that i should still prefer to thank the ecu Uni­ versity Institute and its Academy of ecu legislations so much warmly for giving me this chance. you're lucky to have had the potential of following every week lengthy normal path at the defense of human rights in Europe given via my col­ league and buddy Carl Aage N0rgaard, the President of the eu fee of Human Rights. to talk after hirn, with the intention to bring to a halt your learn programme, makes my job in a few respects more straightforward be­ reason i will be able to take it without any consideration that you just now have a transparent and entire figuring out of the promises and the functioning of the eu Con­ vention on Human Rights. nevertheless, it really is, i have to confess, no longer and not using a convinced apprehension that I take the ground at this juncture simply because i'm very weIl conscious of how tricky it truly is to maintain the eye of an audi­ ence which has had the privilege of listening to Carl Aage N0rgaard on roughly a similar subject.

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Extra info for Collected Courses of the Academy of European Law / Recueil des cours de l’Académie de droit européen: 1991 The Protection of Human Rights in Europe Vol. II Book 2

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The members of the Court are elected from a list of three names presented by each of the Member States by the Consultative Assembly of the Council of Europe by majority of votes cast. The Court cannot include more than one national from each state. On the other hand, there is no rule according to which the judges must be nationals from any of the Member States. At present there is no member of the Court who is anational of Liechtenstein because the Consultative Assembly of the Council of Europe has elected a Canadian judge in respect of that state.

Such a refonn of the control machinery, which would have the advantage of avoiding the delays inherent in a two tier system, would obviously be a radical and substantial one. It requires careful reflection, intellectual ingenuity and imagination. To mention only one aspect, it would be important to retain the possibility of a friendly settlement procedure, which has proved so valuable in proceedings before the Commission. 16. The question of refonn of the Convention machinery was placed on the agenda ofthe Vienna Ministerial Conference in March 1985 which was followed by the productive coHoquy which Olivier Jacot-Guillannod organised in Neuchätel two years later.

If the Commission, after having examined the complaint, does not succeed in reaching a friendly settlement, it shall prepare areport stating the facts and its findings. This report with the Commission's recommendations shall be sent to the Assembly of Heads of State and Govemment of the OAU. The Commission mayaIso receive communications other than state communications. With regard to such communications the Commission first decides which communications shall be considered. If the Commission after a preliminary deliberation finds that a communication relates to special cases which reveal the existence of aseries of serious or massive violations of Human and People's Rights, the Commission shall draw the attention of the Assembly of Heads of State and Govemment to these cases.

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