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The Evolution of the European Convention on Human Rights

Published online by Cambridge University Press:  28 March 2017

Gordon L. Weil*
Affiliation:
School of International Service, The American University

Extract

It is now over ten years since the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocol were completed.

Type
Research Article
Copyright
Copyright © American Society of International Law 1963

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References

1 The Convention as signed appears in 45 A.J.I.L. Supp. 24 (1951). The Protocol is discussed by D. P. Myers, and Arts. 1-3 are quoted in a note in 48 A.J.I.L. 299 (1954).

2 See Arnold Zurcher, The Struggle to Unite Europe, 1940-1958, pp. 7-9 (New York: New York University, 1958).

3 Ibid. 20-21.

4 See Europe Unites—The Hague Congress and After (London; Hollis and Carter, 1949).

5 Ibid. 25.

6 Council of Europe, Consultative Assembly, Doc. 3, and Official Becords 404r-468. Becently the European Social Charter has been opened for ratification. It provides for a Committee of Experts to examine reports with regard to the implementation of certain economic and social rights and to submit recommendations to the Committee of Ministers.

7 Consultative Assembly, 1st Sess., Doc. 77; 2nd Sess., Doe. 6.

8 Consultative Assembly, 1st Sess., Doe. 77.

9 Ibid., 2nd Sess., Doe. 11, and Appendix A, indicate the conclusions reached by the Ministers

10 Arts. 2-12

11 See Arts. 1 and 2 of the Protocol

12 Arts. 13-18.

13 Art. 19.

14 Ar t s . 20-27.

15 Arts. 28-31. See p. 819 below, for proposed changes in this procedure.

16 Art. 32.

17 Arts. 38-52, 56.

18 Arts. 53 and 54

19 Arts. 57-62.

20 Arts. 25, 46, 63

21 See Gordon L. Weil, The European Conventionon Human Eights: Background, Development and Prospects (Leiden: Sijthoff, 1963), for an article-by-article commentary. Certain parts of the present article are drawn from this work, which is reviewed below, p. 960.

22 Applications 176/56 and 299/57, Greece v. United Kingdom; and Application 788/60, Austria v. Italy. For further discussion see below.

23 These three cases are mentioned as examples. Actually the Hess and Salan applications were not considered by the Commission but returned by the Secretary, who indicated they were directed against states not parties to the Convention. Use Koch's Application 1270/61 was rejected as relating to facts occurring before the Convention entered into force and as an abuse of the right of petition. For other Commission decisions, see European Commission of Human Eights, Documents and Decisions 1955- 1956-1957 (The Hague: Nijhoff, 1959), hereinafter cited as 1 Yearbook.

24 Weil, Gordon L., “Decisions on Inadmissible Applications by the European Commission of Human Eights,” 54 A.J.I.L. 874 (1960)Google Scholar.

25 Commission, Eules of Procedure, Eules 34 and 45.

26 1 Yearbook 255.

27 Application 250/57, 1 Yearbook 222.

28 For example, Application 235/56, in The European Commission and European Court of Human Eights, Yearbook of the European Convention on Human Eights, 1958-1959, p . 256 (The Hague: Nijhoff, 1960), hereinafter cited as 2 Yearbook.

29 Application 172/56, 1 Yearbook 211; and Application 434/58, 2 Ibid. 354.

30 2 Yearbook 376.

31 Application 511/59, i n European Commission and European Court of Human Eights, Yearbook of the European Convention on Human Eights, 1960, p. 394 (The Hague: Nijhoff, 1961), hereinafter cited as 3 Yearbook.

32 See, for example, Le Monde, April 7, 1961, p. 4.

33 1 Yearbook 128; 2 Ibid. 174, 182.

34 l md. 130; 2 Ibid. 178, 186.

35 2 Ibid. 186, 196.

36 Application 788/60, 3 Yearbook 168; 4 Ibid. 116 (1961).

37 Application 322/57, 2 Yearbook 308, 3 Ibid. 474, 492; and Judgments of April 7 and July 1, 1961, 4 Ibid. 438; 56 A.J.I.L. 171 (1962).

38 Application 214/56, 2 Yearbook 214, 3 Ibid. 486; and Judgment of March 27, 1962.

39 Application 343/57, 2 Ibid. 412. The Commission's Report, “The Nielsen Case,” has been published; see 4 Yearbook 494.

40 Ibid. 590.

41 Application 524/59, 3 Ibid. 322; and Application 617/59, Ibid. 370.

42 Application 596/59, Ibid. 356; and Application 789/60, 4 Ibid. 186.

43 “ New Application against Belgium,” Council of Europe News, Sept., 1963, p. 3; and press release C (63) 26.

44 H. Golsong, Das Beehtsschutzsystem der Europäischen Menschenrechtskonvention 40, 101 ff. (Karlsruhe: Müller, 1958).

45 Council of Europe News, July, 1963, p. 4; European Treaty Series, No. 45.

46 De Becker Case Judgment, March 27, 1962.

47 H. Golsong, “ Interférences entre les obligations incombant à un état en vertu de la Convention des Droits de l’Homme et d’autres accords internationaux.” Paper delivered at Colloquium on the Convention at Strasbourg November 14-15, 1960.

48 K. J. Partsch, “Die europäisehe Menschenrechtskonvention vor den nationalen Parliamenten,” 17 Zeitschrift fur ausländisches öffentliches Eecht und Völkerrecht 93-132 (1956-1957).

49 Although the question has not yet been finally settled in Austria, that state might also be mentioned as one accepting the Convention in domestic law.

50 See Golsong, H.The European Convention of Human Eights and Fundamental Freedoms in a German Court,”33 British Year Book of International Law 317 (1957)Google Scholar. See also 2 Yearbook 568.

51 Chung Chi Cheung v. The King, [1939] A.C. 160; 33 A.J.I.L. 376 (1939).

52 The State (O’:Laighless) v. O'Sullivan and the Minister for Justice, 2 Yearbook 608.

53 1 Yearbook 41, 42.

54 For important German decisions, for example, see 2 Yearbook 572-606.

55 Consultative Assembly, 13th Sess., Doc. 1279.

56 K. Vasak, “Le problème des ‘pétitions’ individuelles relatives aux droits de l’homme.” Paper read at Colloquium, see note 47 above. Conclusions of the Colloquium, pp. 4-5.

57 Conclusions of the Colloquium, pp. 1-4.

58 Council of Europe Doc. No. H(63) 4 Revised, signed Sept. 20, 1963.

59 Consultative Assembly, 11th Sess., Docs. 1061 and 1062; European Treaty Series, No. 44. See also A. H. Eobertson, “Avis consultatifs de la Cour.” Paper read at Colloquium, see note 47; also Council of Europe News, March, 1963, p. 2. This protocol was signed on May 6, 1963, at the same time as the protocol mentioned above, p. 819.

60 Golsong, Kechtsschutzsystem 44, maintains that the Secretary General is an official of the Convention as well as the Council.

61 Consultative Assembly, 13th Sess., Doc. 1268; and P. Modinos, Proposal for the Establishment of an International Institute of Human Eights (Strasbourg, 1960).

62 Council of Europe News, July, 1962, p. 16.