ROME (AP) — On Saturday, the Council of Europe reinforced its commitment to uphold the independence of the European Court of Human Rights (ECHR) in response to concerns raised by nine member states regarding the court's interpretation of rights obligations related to the expulsion of migrants accused of criminal activities. Leaders from Denmark, Italy, Austria, Belgium, Czechia, Estonia, Latvia, Lithuania, and Poland issued a joint letter on Thursday advocating for a "new and open-minded conversation" about how the ECHR interprets the European Convention on Human Rights.
The joint statement reflects growing concerns among these countries that the court's rulings, particularly in the domain of migration, have hindered their ability to expel certain migrants who have committed crimes. Council of Europe Secretary-General Alain Berset addressed these concerns in a statement, emphasizing that migration challenges are multifaceted and require ongoing dialogue through appropriate institutional channels.
Berset clarified the relationship between the Council of Europe and the ECHR, asserting that the court is "not an external body" but rather the legal entity of the Council, bound by a convention that all 46 member states have voluntarily signed and ratified. He underscored the fundamental role of the court in protecting the rights and values that each member committed to uphold, suggesting that the independence and impartiality of the court must be maintained as a foundational principle.
The warning against politicizing the ECHR was a notable part of Berset’s remarks. The joint letter from the nine leaders specifically criticizes the court’s approach to cases involving the expulsion of “criminal foreign nationals,” arguing that its protective rulings have at times favored the “wrong people” and imposed excessive constraints on national decisions regarding expulsion.
It's significant to note that the Council of Europe operates independently from the European Union and was established in the aftermath of the Second World War with the mission of promoting peace and democracy across the continent. The ongoing debate about the ECHR's role and its interpretation of human rights continues to evoke strong reactions among member states, particularly as they navigate the complexities of migration and its accompanying legal challenges.
As discussions evolve, it remains crucial for member states to balance their national interests with their commitments to human rights, ensuring that the integrity of the ECHR is upheld while addressing the realities of migration in their countries.
