Council of Europe examines the independence of the European Court of Human Rights

In a response to a written question from several parliamentarians, the foreign ministers of the 47 member states of the Council of Europe responded to concerns about the independence of judges of the European Court of Human Rights (ECHR).

They had been seized of three separate questions from Members of the Parliamentary Assembly, two of them from the EPP, the party of the European conservative right.

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The parliamentarians pointed out a risk of conflicts of interest among the judges of the European Court of Human Rights, endorsing the conclusions of a report by the European Center for Law and Justice (ECLJ) showing that out of the hundred judges of the ECHR, twenty-two of them came directly from the same NGO or from associations financed by this NGO, the Open Society. This report mainly listed 185 cases in which one of the NGOs affiliated to the Open Society was a petitioner, and where at least one of the judges had come from these associations. Since 2009, “

business ”noted the ECLJ.

Deportation procedures still very vague

In their written questions, the parliamentarians notably pointed out the small number of European judges who had previously served as magistrates, and accuse the ECHR of giving too much importance to lawyers from lobbies;

they also denounced the absence of an effective deportation and challenge procedure in the event of a possible conflict of interest.

Thus Mr Barna Pál Zsigmond asked "

"

Further steps could be taken by 2024 to strengthen the independence of judges.

The Committee of Ministers recalls in the preamble of its response the system of appointment of judges put in place in 2010 to guarantee the independence of the Court, entrusting an advisory panel of experts with the task of delivering an opinion on the three candidates presented by Member States, and in particular responsible for assessing their suitability and independence with regard to lobbies. However, he mentions work in progress in the Parliamentary Assembly "

", acknowledging that this could still be the subject of further study. Finally, he mentions the upcoming review of "

”. New measures could therefore be taken by 2024 to strengthen the independence of judges.

One of the measures proposed by the ECLJ in its report included this suggestion: ask the judges of the ECHR for a declaration of interest when they take up their duties. Its director, Grégor Puppinck, believes with Le

that its conclusions "

", since the latter "

" in its response to written questions from parliamentarians.