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The developing remedial practice of the European Court of Human Rights

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Room 3, Palais de l'Europe, Strasbourg

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This seminar is being organised in the framework of the Human Rights Law Implementation Project, a collaborative project between four leading academic human rights centres (Bristol, Essex, Middlesex and Pretoria) and the Open Society Justice Initiative.

How far can – and should – the European Court of Human Rights (ECtHR) recommend, or even compel, states to take certain measures after the finding of a violation of the European Convention on Human Rights (ECHR)? This question is increasingly debated as the Court, driven by states’ failure to implement judgments, has moved away from its formerly strictly limited, declaratory approach to remedial measures by sometimes indicating specific non-monetary individual measures or general measures.

This seminar will present new findings of research carried out at Middlesex University, London, within the Human Rights Law Implementation Project, including through interviews conducted among Council of Europe institutions and Jnational authorities and civil society actors.

Informed by this research, the event will discuss the Court’s developing remedial practice from the perspective of different Council of Europe and domestic stakeholders.

  • What is the Court’s current approach to remedies, and is the perception that the Court’s judgments are becoming increasingly specific or prescriptive borne out by empirical evidence?

  • What are the implications of the Court’s remedial practice on the respective roles of the different Council of Europe institutions, in particular the Court and the Committee of Ministers?

  • How do different actors, both at the Council of Europe and national level, perceive the opportunities and risks of the Court being more specific or prescriptive on the prospects for success of implementation?

  • How is the Court’s remedial practice likely to develop, and how should it?

Confirmed speakers:

  • Isabelle Niedlispacher, Government Agent in respect of Belgium and Chair of the Committee of Experts on the System of the European Convention on European Rights (DH-SYSC)

  • Pavlo Pushkar, Head of Divison, Department for the Execution of Judgments of the European Court of Human Rights

  • Robert Spano, Judge of the European Court of Human Rights elected in respect of Iceland

  • Kevin Steeves, Director, European Implementation Network

Participants will include Judges and Registry staff of the ECtHR, representatives of the Directorate General Human Rights and Rule of Law of the Council of Europe, as well as representatives of member states and civil society.

For more information, please contact Dr Alice Donald, a.donald@mdx.ac.uk.

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France

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