II Council of Europe
| Author | Yves Haeck,Leo Zwaak |
| DOI | 10.1177/016934410802600205 |
| Published date | 01 June 2008 |
| Date | 01 June 2008 |
| Subject Matter | Part B: Human Rights News |
238 Intersentia
II COunCIl Of euROPe
L Z and Y H
1. THE WISE PERSONS’ REFORM PROPOSALS
CONCERNING THE EUROPEAN CONVENTION ON
HUMAN RIGHTS AFTER PROTOCOL NO. 14
e ca seload facing the European Court of Human Rights is daunting, despite the
Court’s enhanced productiv ity in processing applications . In fact, the gap between
input en output is steadi ly and exp onential ly growing, as is the amount of p ending
cases:
2004 2005 2006 2007 (esti mate)
input / year 44,10 0 –45,500 +3.2 % 51,30 0 +12 .7% 5 4,250 +5.75%
output / year 21,100 –28, 550 +35. 3% 29,65 0 +3.8 % 28,10 0 –5.20%
decit / year –23,000 ––16,950 –26. 3% –21,65 0 +27. 7% –26 ,150 +20 .8%
01.01.2 004 01. 01.20 05 01.01.2 006 01.12. 200 7
pending
cases
65,500 –78,000 +19% 81,000 +5.1% 103,000 +15%
At the Summit of the Heads of State and Government of the Cou ncil of Eu rope in
Warsaw (2005) it was decided to establish a group of ‘Wise Persons’. is Group,
presided over by a former President of the European Cou rt of Justice and fur ther
consisting of (former) presidents or attorne y generals of supreme or constitutiona l
courts of Eu ropean countries, former nat ional politicians, nationa l ombudsmen and
eminent professors of law, had to evaluate the long-term eect iveness of the ECHR
control system, including the rst eects of Protocol No. 14 (adopted on 13 May 2004)
and the other accompanying measu res, and to develop ‘proposals going beyond these
measures, while preserving the basic philosophy underlying the Convention’. Protocol
No. 14 was designed to give the Court the nece ssary procedural means and ex ibility
to process a ll applications withi n a reasonable time, while enabling it to concentrate
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