| The Interlaken Conference has emphasized the need to strengthen the principle of subsidiarity which is the basis upon which the supervisory mechanism of the European Convention on Human Rights has been established. The Interlaken Declaration and Action Plan adopted at this Conference have confirmed that national authorities- governments, courts and parliaments must play the fundamental role in guaranteeing and protecting human rights at national level.
In the preparations for the Interlaken Conference the CDDH issued an opinion (CM (2009) 181) stating that the principle of subsidiarity must be made fully operational in order to ensure the long-term effectiveness of the Convention system. Despite the indication of the CDDH that this issue should be the central theme of the Interlaken Conference, it was just one among other issues considered as important for the future of the European Court of Human Rights.
The Conference in Skopje aims to give more importance to this issue that is closely connected to the effective implementation of the Convention at national level, referred to in point B of the Interlaken Action Plan, but also to the improvement of the effectiveness of domestic remedies and the need swiftly and fully execute the judgments of the Court. The Conference is also timely providing opportunity to discuss progress on the measures the States Parties have taken so far in fulfilling the obligations under the Interlaken Action Plan to report on this issue by the end of 2011. In this context, a part of the discussion at the Conference in Skopje might tackle the aspect of the implementation of the relevant recommendations adopted by the Committee of Ministers and their review.
The participants in the Conference (coming from the highest national courts and from the European Court of Human Rights, as well as government experts) could discuss subsidiarity from their different position and the role they play in fulfilling it. This might help to have a better understanding of each others views and needs. National courts and domestic authorities in general are better placed to decide on measures in particular areas, anticipating problems and cooperating with other national institutions for solution of problems, while the Strasbourg Court’s role is supervisory.
As stated in the abovementioned CDDH opinion, the principle of subsidiarity also requires the ECtHR to issue clear and coherent judgments and decision that provide authoritative guidance to national courts. Therefore the Conference could also provide discussion from this angle too.
The Report on the “Effective implementation of the European Convention on Human Rights: the Interlaken process” of the Parliamentary Assembly and the Secretary General in his Interlaken contribution mentioned that “Subsidiarity requires that the authority of the Court’s case-law be reinforced in national law- a direct application of the Strasbourg Court’s finding in domestic law. “Rather than refer to the erga omnes effect of Grand Chamber judgments of principle, it is probably more accurate to refer to its interpretative authority (res interpretata) within the legal orders of states other than the respondent state in a given case.” |