Walter, Torsten - Council of Europe

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- judgments indicating possible concrete measures which could be taken as well as indicating the timeframes within these should preferably be taken, in particular in respect of o the legislator, o the administration, o the judiciary, - publication of the results of this examination and the proposed measures on the internet, - examination of the results achieved by the different actors in the foreseen timeframe and proposing further and more stringent measures (again with publication). E. Payment of compensation to applicants From the outset, the present practice of allowing for the refusal of compensation if it is considered that the declaration of a violation is in itself sufficient for the applicant should be abandoned. Although there might be (extreme) cases in which financial compensation might not be necessary, in such cases the amount could be reduced to a nominal level. For all the other cases it should be the rule that in case of a violation the applicant is compensated financially. F. Further measures 1. More powers for the Court in cases of violations of human rights In principle, the Convention does not directly interfere in national systems. Indeed, the Convention is mainly based on the proposition that the Court should examine whether there is a violation of the Convention and, if so, make a declaration and decide whether compensation to the applicant is appropriate. It is then up to the Committee of Ministers to supervise the execution of the respective judgments. However, the Court has made several important steps to ensure a better human rights protection by - recommending certain measures in urgent pending cases (Rule 39 cases), - ‘pilot judgments’ in which the Court requests certain measures in cases of systemic violation of human rights, - individual judgments in which the Court requests specific individual measures. It is suggested that the Convention should be amended in order to provide the Court with a general power (and not only on an exceptional basis) to directly order the remediation of a human rights violation so as to secure the effective enjoyment of human rights. 8
2. Increasing role of civil society As human rights defender organisations the respective NGOs in general and trade unions in particular have an increasing interest in the proceedings before the Court. But their role should also be acknowledged at national level. IV. Conclusions These observations are founded on a belief that the Convention system is, in principle, working well and effectively. But in several respects it could be improved. In any event, the system must be defended against arguments which aim at or have the effect of weakening the role of the Court in ensuring, across Europe, effective protection of human rights, and, in particular, the social rights of human beings. Berlin, 23. January 2014 Torsten Walter, LL.M. (Leicester) 9
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Walter, Torsten - Council of Europe

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