European Convention on Human Rights (ECHR)
European Convention on Human Rights (ECHR) : A European Convention on Human Rights, signed in Rome under the aegis of the Council of Europe on 4 November 1950, established an unprecedented system of international protection for human rights, offering individuals the possibility of applying to the courts for the enforcement of their rights. It came into operation in 1953. The ECHR, which has been ratified by all the European Union (EU) Member States, established a number of supervisory bodies based in Strasbourg. These were: a Commission responsible for advance examination of applications from Member States or from individuals; a European Court of Human Rights, to which cases were referred by the Commission or by a Member State following a report by the Commission (in the case of a judicial settlement); a Committee of Ministers of the Council of Europe, which acted as the guardian of the ECHR and to which reference was made, where a case was not brought before the Court, to secure political settlement of a dispute. The growing number of cases made it necessary to reform the supervisory arrangements established by the Convention (addition of Protocol No. 11). The supervisory bodies were thus replaced, on 1 November 1998, by a single European Court of Human Rights. The simplified structure shortened the length of procedures and enhanced the judicial character of the system. The idea of the EU acceding to the ECHR has often been raised. However, in an opinion given on 28 March 1996, the European Court of Justice stated that the European Communities could not accede to the European Convention because the Treaty establishing the European Community (EC)does not provide any powers to lay down rules or to conclude international agreements in the matter of human rights. Thus, for the moment, accession depends on the EC Treaty being amended. The Treaty of Amsterdam, which entered into force in 1999, nevertheless calls for respect for the fundamental rights guaranteed by the Convention, while formalizing the judgements of the European Court of Justice on the matter. With regard to relations between the two Courts, the practice developed by the Court of Justice of incorporating the principles of the Convention into EU law has made it possible to maintain coherence in their work and their independence. Instead, a Charter of Fundamental Rights of the European Union was drawn up and proclaimed in 2000. At the Intergovernmental Conference held in Nice in December 2000, a declaration was adopted and annexed to the Treaty of Nice, which came into force in 2003. This stipulated that as from 2002, one European Council meeting per Presidency would be held in Brussels, and went on to declare that once the EU comprised 18 Member States, all European Councils would be held in Brussels. See: Charter of Fundamental Rights of the European Union; Court of Justice of the European Union
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