European Court of Human Rights clarifies its procedure on interim measures
The Law Society of England and Wales welcomes the announcement from the European Court of Human Rights (ECtHR) of action it is taking to clarify its procedure relating to interim measures.
The steps outlined by the ECtHR include clarifying the grounds for granting an interim measure, naming judges who have made the decisions, issuing formal judicial decisions, continuing to provide reasoning for decisions on an ad hoc basis and issuing press statements, and allowing time for further information to be submitted by the parties where practicable.
Law Society president Nick Emmerson said: “These steps will ensure that the procedure for issuing interim measures is transparent and fair to all parties involved.
“They take place in the context of wider reforms and demonstrate the willingness of the court to listen to the concerns of member states and make reasonable changes where necessary.
“Interim measures – known as injunctions in UK law – are a normal and important part of judicial proceedings.
“They ensure actions that could cause irreparable harm are paused until the court has a chance to rule on their lawfulness. Without them justice would be harder to achieve.”
Notes to editors
On 14 June 2022, the ECtHR issued an interim measure against the UK, preventing the removal of an individual to Rwanda under the UK-Rwanda Migration and Economic Partnership before that individual’s case had been decided by UK courts.
Following the UK High Court’s judgment, the interim measure was lifted by the ECtHR on 6 February 2023.
The UK Supreme Court delivered its judgment on the legal challenges to the UK-Rwanda partnership on Wednesday 15 November.
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