Yearbook of European Law - Vol. 4

By A. Barav; D. A. Wyatt | Go to book overview

The European Convention on
Human Rights*

COLIN WARBRICK


I. Introductory Note

San Marino has ratified the Convention and the 1st, 2nd, 4th, 6th, 7th, and 8th Protocols. It has accepted the right of individual applications under Article 25 and the compulsory jurisdiction of the Court under Article 46. Finland, which became the 23rd member of the Council of Europe has signed the Convention and the 1st, 2nd, 4th, 7th, and 8th Protocols. The Consultative Assembly has appointed a judge of Finnish nationality, Articles 38 and 39 of the Convention.

Turkey has accepted the compulsory jurisdiction of the Court under Article 46, which means that all the parties to the Convention now accept the right of individual application and the jurisdiction of the Court.

The work loads of the institutions and their staff continue to be heavy. In 1989, the Commission held nine sessions. 1445 applications were registered, an increase of forty-three per cent over the previous year. The Commission disposed of 1322 applications compared with 690 in 1988. Nonetheless, 1788 applications were outstanding at the end of 1989.1 The Commission's capacity to make in-roads into this back-log will be enhanced by the entry into force of the 8th Protocol on 1 January 1990 (see below) and its movement towards semi-permanent status. In 1990, the Commission intends to hold sixteen sessions.

The Court gave judgments in twenty-five cases, all of them arising out of individual applications. At the end of 1989, there were thirty-three cases pending before the Court2 which will set in chambers of nine judges if it does not sit as a plenary Court.

The 8th Protocol3 entered into force in accordance with its Article 13, on the first day of the month, three months after all the parties to the Convention had become parties to the Protocol ( Turkey became a party on 19 September 1989). The Protocol makes various changes to the Convention, mainly of a procedural character, of which the most important are:

____________________
*
© Colin Warbrick, 1990, Department of Law, University of Durham. I am grateful to Andrew Drzemczewski of the Directorate of Human Rights, for his considerable assistance in providing materials. He is not to the slightest extent associated with any of the opinions expressed in this article.
1
European Commission of Human Rights, Survey of Activities and Statistics, 1989, 2.
2
European Court of Human Rights, Survey of Activities, 1959-89, 24, 27.
3
ETS No. 118.

-385-

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