New Book on the Freedom of Religion or Belief in the ECHR

Caroline K. Roberts (Oxford Brookes University) has just published a new book entitled Freedom of Religion or Belief in the European Convention on Human Rights: A Reappraisal. This is the abstract:

''The right to freedom of thought, conscience and religion in Article 9 of the European Convention on Human Rights (ECHR) has become increasingly significant and contested. Through an examination of ECHR Article 9, its drafting history, and the related jurisprudence of the European Court of Human Rights (ECtHR), Caroline K. Roberts challenges the classic approach to this right in the literature. Roberts argues that claims that there is, or should be, a clear binary and hierarchical distinction between the absolutely protected internal realm and the qualified external realm in this right are not founded textually or jurisprudentially. Rather, the primary materials suggest that the internal and external aspects are deeply interrelated, and this is reflected in the ECtHR's nuanced and holistic approach to ECHR Article 9 protection. This comprehensive, rigorous and up-to-date reappraisal of ECHR Article 9 and the related ECtHR jurisprudence will be essential reading for academics and practitioners.''

Launch of the Open Council of Europe Academic Networks Project

The Council of Europe has launched the Open Council of Europe Academic Networks (OCEAN) project. The aim of the initiative is to strengthen co-operation between the Council of Europe and European universities and research institutions, and to promote the Council of Europe convention system through sharing and creating knowledge. OCEAN membership is open to universities as well as individual academics teaching at these institutions or conducting research independently. Membership is also open to research institutions (independent or as part of a university), university faculties and existing national and European academic networks working on issues related to Council of Europe conventions. 

This is a summary of the project:

'The Open Council of Europe Academic Networks (OCEAN) unite universities, research institutions and scholars from the Council of Europe´s 46 member states around the shared goal of human rights, democracy, and the rule of law.

Initiated in 2018 by Prof. Michele Nicoletti, then president of the Council of Europe Parliamentary Assembly, OCEAN is now ready to welcome academic members, institutional and individual, to join.

The Open Council of Europe Academic Networks aim at sharing and creating knowledge around the Council of Europe´s more than 200 conventions in European academia through teaching and research.

OCEAN provides a platform for connecting universities, research institutions and individual academics who focus on a Council of Europe convention of their choice or other topics related to the work and mission of the Council of Europe. It serves as a resource for information on Council of Europe activities; helps to share best practices and research; connects its members to the Council of Europe and its expert teams and gives them the opportunity to join events organised by OCEAN in Strasbourg or in Council of Europe member countries offline and online.

Institutional members are requested to organise a minimum of one academic activity per year – for example workshops, conferences, summer or winter schools – in the substantive fields described above. Individual members are required to take a leading role in the organisation of the above activities or publish an academic paper or book focused on a Council of Europe convention or other topics related to its mission.'

According to the FAQ about membership, the following is expected of members:

'OCEAN members choose at the beginning of their membership one or several Council of Europe conventions they are interested in. They are expected to engage in education, research, and other academic activities that promote these self-chosen conventions.

Universities, research institutions and networks are required to organise and carry out one academic activity per year (workshop, conference, summer or winter school…). Individual members are required to either engage in one of the above activities (as organiser or speaker) or conduct research or publish (article, book) on the chosen Council of Europe convention.'

More information about how to join the initiative can be found here. 

Changes to the Rules of Court, Including on Interim Measures

In the past few months, the Court has been initiating some changes to its Rules of Court. Several of the changes relate to both degrees of transparency: on the public character of documents (Rule 33 § 1 on this has been amended) and a new, connected  Rule (44F) on the treatment of 'highly sensitive documents' relating for example to national security interests of the state or "equally compelling interests" of an applicant.

The second set, of proposed changes in this case, relate to interim measures. The Court is in the proces of codifying its practice, also explicitly into the specific Rule 39 on interim measures. Earlier this month, the Plenary Court - so all judges together - provisionally adopted changes to Rule 39. States parties to the ECHR, specific organisations with experience in representing applications and relevant bar associations have now been asked by the Registrar to provide comments before 4 December. Depending on the input received the Court will subsequently amend or adopt the proposed changes. After this, the practice direction on interim measures will also be updated.

According to the Court's press release, the Plenary Court has also decided about the following:

'• Disclosure of the identity of the judges who render the decisions on interim measure requests;

• Maintaining the practice of providing reasons for Rule 39 decisions on an ad hoc basis and

issuing press statements where the circumstances of the cases so require;

• Issuing formal judicial decisions to be sent to the parties;

• Maintaining the established practice of adjourning the examination of the requests for interim measures and requesting the parties to submit information in those circumstances where the situation is not extremely urgent and where the information that the applicants could submit to the Court was not sufficient to enable the Court to examine the request.'

Article 39 currently reads as follows:

'1. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may, at the request of a party or of any other person concerned, or of their own motion, indicate to the parties any interim measure which they consider should be adopted in the interests of the parties or of the proper conduct of the proceedings.

2. Where it is considered appropriate, immediate notice of the measure adopted in a particular case may be given to the Committee of Ministers.

3. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may request information from the parties on any matter connected with the implementation of any interim measure indicated.

4. The President of the Court may appoint Vice-Presidents of Sections as duty judges to decide on requests for interim measures.'

The proposal for the new text is the following:

'1.  The Court may, in exceptional circumstances, whether at the request of a party or of any other person concerned, or of its own motion, indicate to the parties any interim measure which it considers should be adopted. Such measures, applicable in cases of imminent risk of irreparable harm to a Convention right, which, on account of its nature, would not be susceptible to reparation, restoration or adequate compensation, may be adopted where necessary in the interests of the parties or the proper conduct of the proceedings. The Court’s power to decide on requests for interim measures shall be exercised by duty judges appointed pursuant to paragraph 4 of this Rule or, where appropriate, the President of the Section, the Chamber, the President of the Grand Chamber, the Grand Chamber or the President of the Court.

2.  Where it is considered appropriate, immediate notice of the measure adopted in a particular case may be given to the Committee of Ministers.

3.  A duty judge appointed pursuant to paragraph 4 of this Rule or, where appropriate, the President of the Section, the Chamber, the President of the Grand Chamber, the Grand Chamber or the President of the Court may request information from the parties on any matter connected with the implementation of any interim measure indicated.

4.  The President of the Court shall appoint Vice-Presidents of Sections as duty judges to decide on requests for interim measures.'

For more background information and the basics, please consult this factsheet developed by the Court's registry as well as this video. The Rules of Court themselves , information on several specific aspects, as well as translations in a number of languages, can be found on a dedicated page on the Court's website.

New Online Course 'Interplay between the ECHR and the EU Charter of Fundamental Rights'

The HELP (Human Rights Education for Legal Professionals) Programme of the Council of Europe has launched the free online course 'Introduction to Human Rights Protection in Europe - The Interplay between the ECHR and the EU Charter of Fundamental Rights'. This six-hour online course focuses on the protection of human rights under the system of the Council of Europe with the ECHR, and under the European Union with the EU Charter of Fundamental Rights. The course consists of an introductory module and four substantive modules. A statement of accomplishment is obtained after completing the course. 

Here is the outline of the course:

Introductory Module: 

• Information about the course 

• Learning objectives 

• Welcome videos

Module 1: Introduction to Human Rights Protection in Europe

• Pioneers of Europe

• The Council of Europe (Conventions; Member States; key organs)

• The European Union (evolution; EU institutions, bodies, offices, agencies; EU accession to the ECHR)

• Recap

• The very different twins

• Knowledge check

Module 2: Protection of Human Rights within the Council of Europe and the European Union 

• The European Convention on Human Rights (introduction; rights and

freedoms; obligations; interpretation; implementation; supervision; execution)

• The European Social Charter (introduction; characteristics; interpretation; rights; monitoring; impact)

• The Charter of Fundamental Rights of the EU (sources of interpretation; level of protection; rights and principles; scope of application; limitations; rationale of Art 51; direct (vertical and horizontal) effect; who applies it?; beneficiaries; access to CJEU)

• General points and comparative perspective

• Recap

• Knowledge check

Module 3: Interplay 

• Evolution of the relationship between the ECHR and the EU law (foundations; journey towards recognition; convergence and interplay)

• Interplay (how do national judges apply the ECHR, the ESC, the EU Charter and national bills of rights?; how does the ECtHR monitor member states applying the EU law when ECHR rights are invoked?; how can conflicting scenarios be prevented and resolved?)

• Knowledge check

Module 4: Practical Implications

• Raising an issue of violation of rights (how can rights protected by the ECHR and/or the EU Charter be invoked before courts?)

• Jurisdiction of the ECtHR and the CJEU in respect of human rights violations

• From national to European courts: preliminary rulings and advisory opinions

• Recap

• Knowledge check

The course is freely available in self-learning format on the Council of Europe HELP platform.

Webinar on the ECtHR and Domestic Case-law Application

On 4 December 2023 from 10:00 to 12:00 CET, the European Lawyers Foundation (ELF) and the Council of Bars and Law Societies of Europe (CCBE) are organizing a webinar entitled 'The European Court of Human Rights and its case-law application at national level: How to enhance subsidiarity'. The webinar will discuss the principle of subsidiarity and the national implementation of the ECtHR's case-law. The program can be found here. 

You can register here. 

New Book on the ECtHR and the Norm against Torture

Ezgi Yildiz (California State University) has just published a new book entitled 'Between Forbearance and Audacity: The European Court of Human Rights and the Norm against Torture'. This is the abstract:

'When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change.'

The European Court of Human Rights and the Norm against Torture