ECHR Reforms and Changes: Modernization and Future Plans

European Court of Human Rights (ECHR) has been playing a critical role in protection of human rights since 1950s. However, increasing number of applications and changing global dynamics have necessitated comprehensive reforms to increase effectiveness of the court.

Introduction: Why Did ECHR Need Reform?

European Court of Human Rights (ECHR) protects human rights of a wide population living in member states of Council of Europe. However, the court has faced serious increases in application numbers especially since late 1990s. Official statistics emphasize that annual application numbers reached levels forcing court’s workload and leading to sustainability discussions; this picture reveals need for comprehensive reform. Although single court system was adopted with Protocol No. 11, it was seen that this step alone was not sufficient to meet increasing workload.

Protocol No. 15: Historical Changes and Effects

Protocol No. 15 (CETS No. 213) is a turning point reform package in ECHR history. This protocol brought five important changes to European Convention on Human Rights. First, regulations were made regarding application period within scope of ECHR Art. 35, adopting a change necessitating applications to be made within a shorter time frame and faster. This change encourages applicants to act without delay after exhausting domestic remedies. Second important change is removal of possibility of appointing judges under 18; now all judges must be over 18. Third change is strengthening of “significant disadvantage” criterion and clarification of framework allowing court to reject application in cases where applicant did not suffer significant disadvantage.

📜 5 Main Changes Brought by Protocol No. 15

1. Regulations Regarding Application Period: With Protocol No. 15, application period provisions in Article 35 of European Convention on Human Rights attained a structure requiring applications to be made in shorter time frame. It is emphasized that such regulations necessitate applicants to act without delay. Application period is a forfeiture period starting from date last domestic law remedy is exhausted.
2. Emphasis on Subsidiarity Principle: Protocol No. 15 added subsidiarity principle to preamble of European Convention on Human Rights, emphasizing that national courts are first line of protection. Opening of individual application path in Turkey is concrete implementation of this principle.
3. Expansion of “Significant Disadvantage” Criterion: Protocol No. 15 strengthened “significant disadvantage” criterion within scope of Article 35(3)(b). Now the court can reject application in cases where applicant did not suffer significant disadvantage. This change aims to reduce ECHR’s workload.
4. Removal of Judge Age Limit: Before Protocol No. 15, ECHR judges had to be younger than 65 at date of appointment. This limitation was removed, but rule that judges’ term of office is 9 years and they must retire when they turn 74 was preserved.
5. Regulation Regarding Objection Period to Grand Chamber: Protocol No. 15 envisaged a shortening regarding objection period to Grand Chamber against a chamber decision, aiming for decision processes to result faster and results to become final earlier.

Protocol No. 14 and Efficiency Improvements

Protocol No. 14 entered into force in 2010 to lighten ECHR’s workload and speed up decision processes. This protocol brought “single judge formation”, enabling clearly inadmissible applications to be rejected quickly by a single judge. Also, “pilot judgment procedure” mechanism was developed for repetitive applications.

⚙️ Basic Innovations of Protocol No. 14

• Single Judge Decision Mechanism: Clearly inadmissible applications can be rejected by a single judge. Thanks to this mechanism, annual average 15,000-20,000 applications are concluded quickly.
• Expansion of Three-Judge Committee Authority: Committees can decide on admissibility and merits in subjects with established jurisprudence.
• Pilot Judgment Procedure: In systematic human rights violations, ECHR can give a decision identifying structural problem and offering solution suggestions to member state by bringing together numerous applications of similar nature.
• Friendly Settlement and Unilateral Declarations: Protocol No. 14 facilitated friendly settlement process and allowed court to direct parties to compromise. Also, “unilateral declaration” mechanism was introduced.
• Preparation for EU Accession to ECHR: Protocol No. 14 prepared legal ground for European Union’s (EU) accession to European Convention on Human Rights.

Digitalization and Technological Innovations

ECHR carries out comprehensive digitalization studies to adapt to requirements of 21st century. “ECHR Digital Transformation Project” initiated in 2020 aims to modernize court’s business processes.

💻 Studies Within Scope of Digitalization Project

• Electronic Application System (e-Filing): System enabling all applications to be received in electronic environment.
• Expansion of HUDOC Database: Digital platform where all court decisions and applications are open to free access.
• Video Conference Hearings: Video conference hearings started due to necessity during COVID-19 pandemic became standard practice afterwards.
• AI Supported Pre-Evaluation: ECHR started using artificial intelligence (AI) technologies in pre-evaluation of applications.
• Multi-Lingual Support and Automatic Translation: AI supported automatic translation systems (neural machine translation) were commissioned.

Workload Reduction Strategies

One of ECHR’s most important agendas is intense workload continuing for long years. Despite Protocol No. 15 and Protocol No. 14, workload has not completely disappeared.

Brighton, Izmir and Interlaken Declarations

ECHR reforms are not limited only to protocol changes; political declarations determined by member states of Council of Europe coming together constitute important part of reform.

• Brighton Declaration (2012): Proposed strengthening subsidiarity principle and shortening application period.
• Interlaken Conference (2010): Started first comprehensive discussion of ECHR reform.
• Izmir High Level Conference (2011): Determined road map of ECHR reform.

Special Effects on Turkey and National Harmony

ECHR reforms directly affected Turkey’s legal system. Since 2012, individual application path to Constitutional Court was opened (Law No. 6216) and a second mechanism in protection of human rights came into play in Turkey.

🇹🇷 Effects of ECHR Reforms on Turkey

• Constitutional Court Individual Application Path (2012): Concrete implementation of subsidiarity principle.
• Implementation of ECHR Decisions in Domestic Law: ECHR decisions are directly applicable in Turkish law.
• Turkey in Pilot Judgment Procedure: Pilot judgments are given against Turkey regarding “right to trial within reasonable time” violations.
• Turkey’s ECHR Statistics: Turkey takes place among countries making most applications.
• TİHEK and National Human Rights Institutions: Human Rights and Equality Institution of Turkey (TİHEK) plays critical role in implementation of subsidiarity principle.

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