WHAT DOES THE RISE OF INTOLERANCE AND NATIONALISM MEAN FOR THE ECtHR

On 29th November 2018, “Open Society Justice Initiative”, organized “What does the rise of intolerance and nationalism mean for the ECtHR” into the ECtHR’s premises. The OSJI had created a public panel. The panel with civil society were part of this event and reflected on the European context of rising intolerance and nationalism and repeated efforts to challenge the authority and independence of the Court. The panellists discussed that how the court has contributed to the community of Europe and, in so doing, has helped strengthen the rule of law in Europe.

Speakers include :
Mr.Guido Raimonid, President, ECtHR
Mr.Robert Spano, Judge, ECtHR
Ms. Mia Spolander, Deputy to the Permanent Representative , Permanent Representation of Finalnd to the Council of Europe
Mr.Frederik Sundberg, Head of Department Ad Interim Department for the execution of judgments of the ECtHr
Prof.Basak Cali, Co-founder of the European Implementation Network and Professor of International Law, Hertie School of Governance
Mr.James Goldston , Executive Director, Open Society Justice Initiative

On 30th November 2018 into the Human Rights Building- Seminar room Rdj started the activity. First of all was the meeting with NGOs and litigators and then around 8:45 all invited people joined to the Seminar room. Around 45 minutes later everyone was accommodated in the halls and was ready to start. At 9:30 the President of ECtHR Mr. Guido Raimondi did an introductory remark. He did a short presentation about the topic and also he said few words about ECtHR and the activity of the court.

Later on, at 9:45 started the first part of the event, where all participants asked questions about the procedure and practice of ECtHR. The moderator of this part was Mr. Guido Raimondi who discussed with others about the new system of advisory opinions under Protocol No.16, Grand Chamber reform. Also during this period of time was discussed the third party interventions-consolidation and rationale behind deadlines and finally the participants and Mr. Guido discussed about treatment of classified information. They gathered information about the results of the consultation and the new rule that Court might introduce in the future. All these topics were discussed more than one hour. During this time the participants shared their experiences and ideas between each-other.
From 11:00 to 11:20 was held a coffee break. Participants had the opportunity to rest, drink and eat something.

At 11:20 started the second part of the first session which was moderated from Ksenjia Turkovic(Judge). In this part all participants made questions about the procedure and practice of ECtHR. Topics that were discussed allowed members to share their thoughts about the role of Court’s pilot judgment procedure. Also another topic that they discussed was about what was the Court’s practice of accepting Unilateral Declarations, and what was the Court’s practice of indicating to the state of appropriate remedial measures, notably General Measures under Article 46 of the Convention. After this discussion all participants went for a lunch provided by the Court in to the Human Rights Building Restaurant.

After the lunch, around 14:00 started the second session moderated by Yonko Grozev who is judge of ECtHR. During this session were discussed many topics such as Court’s new practice in giving reasons for inadmissibility decisions and Committee cases, Court’s approach to domestic remedies exhaustion of domestic remedies. At 14:45 the participants followed the presentation on the compulsory non-contentious phase of proceedings. After the presentation, participants discussed about this phase of proceeding. In this session members discussed for the eComms system and also they saw the presentation of the Knowledge Sharing Platform. All these presentations and discussions finished at 16:00.

 

 

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