The Law Society has participated in a series of consultations
with the UK Government to improve the effectiveness of the European
Court of Human Rights, but says attempts to screen cases going to
the court will undermine its credibility across the continent.
The UK, as current chair of the Council of Europe, has sought
advice from the Law Society, as well as other groups, to improve
the way the European Convention on Human Rights is implemented
nationally, ensuring the Court's judgments are properly followed.
However, the Society has reservations over plans to restrict
which cases reach the European Court.Under the proposals, a case
could be kicked out if a similar one has been already considered by
a national court.
Law Society vice president Lucy Scott-Moncrieff said: 'It is
encouraging to see the UK Government look to put the Convention on
a much firmer footing at national level and the Society has had a
critical role to play in those proposals.
'There remain puzzling suggestions, including the aim of
screening cases. The Court already has in place strict procedures
for admissibility. Further restrictions will deny people access to
justice.
'The Law Society is happy to continue providing technical
assistance to the UK government as it seeks to implement
the judgments of the European Court of Human Rights and to act as
the guiding link between the Department for the Execution of
Judgments of the European Court of Human Rights and the UK.'
The Law Society says there is also a risk that the proposal to
codify - explicitly and precisely define - certain Court
rules may be too rigid. It would not fit effectively with the more
adaptive common law approach of the British legal system.
The UK will put forward its final proposals, otherwise known as
the Brighton Declaration on the Future of the European Court of
Human Rights, to the Council of Europe at the Brighton Conference
on 18 and 19 April.
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