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The Evolution of the European Convention on Human RightsFrom Its Inception to the Creation of a Permanent Court of Human Rights$
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Ed Bates

Print publication date: 2010

Print ISBN-13: 9780199207992

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199207992.001.0001

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The Evolution of the Convention System through to 1990

The Evolution of the Convention System through to 1990

(p.391) 10 The Evolution of the Convention System through to 1990
The Evolution of the European Convention on Human Rights

Ed Bates

Oxford University Press

The chapter begins by providing an overview of the expansion of the Strasbourg jurisprudence in the 1980s. It then examines how the ECHR system further evolved over the same period, focussing on several key areas. Firstly the status of the individual applicant in proceedings before the European Court is addressed — it is observed that the individual applicant became more and more the focal point. Next, the approach taken by the Court to issues of ‘just satisfaction’ is examined. After this, the evolving role of the Commission and the Committee of Ministers is addressed, including the crucial role of the former in terms of deciding whether to refer cases to the Court or to the Committee of Ministers. As to the Committee of Ministers it is observed that this played an increasingly subservient role to the Commission, such that, in effect, the latter almost became a court of first instance. A further section examines how matters developed as regards the role and function of the Committee of Ministers when it came to supervising the implementation of Court judgments. The last part of the chapter looks at the largely unsuccessful efforts made in the 1980s to secure a reform of the ECHR system, when the proposal was put forward for a merger of the Commission and the Court.

Keywords:   European Court of Human Rights, individual applicant, just satisfaction, Committee of Ministers, execution of judgments, reform

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