Контрольный механизм за соблюдением конвенций, принятых в рамках Совета Европы

Abstract

The article explores in detail the control mechanism for the fulfilment in good faith the obligations assumed by the member states in accordance with the treaties concluded within the Council of Europe. The author presents the classification of the bodies competent to fulfil the task of monitoring the implementation of treaties elaborated within the Organization. All bodies responsible for the monitoring activity may be divided into judicial organs and non-judicial organs. Judicial organs competent to solve all disputes relating to the interpretation andapplication of the Council of Europe treaties include both universal judicial organs (the International Court of Justice) and regional judicial organs (the European Court of Human Rights, arbitration courts), established in accordance with provisions of the treaties adopted by the Council of Europe. It is important to stress, that a tendency to confer judicial functions on the European Court of Human Rights, rather than on the International Court of Justice with its universal jurisdiction, is clearly discernible. This is further confirmed by the fact that of more than 170 conventions concluded at the emergence of the organization only 4 provide for the possibility to apply to the International Court of Justice. Moreover, the competence of the European Court of Human Rights has tended recently to be extended to other conventions concluded within the Council of Europe. Non-judicial organs entrusted with the task of examining the functioning and implementation of treaties elaborated within the Organization could be classified on the basis of their legal nature: a) steering committees and other committees set up under Article 17 of the Statute of the Council of Europe (for example, the European Committee on Crime Problems) and b) various committees set up directly under a treaty (for example, the Standing Committee of the Convention on the Conservation of European Wildlife and natural Habitats, 1979). Further classification can be made in accordance with the subject of a treaty. The existing committees regularly monitor the application of most treaties, which regulate the appropriate spheres of intergovernmental activity. Thus, the European Committee on Crime Problems is responsible for conventions in the field of criminal law. The Steering Committee of Local and Regional Democracy is competent as far as the implementation of the European Charter of Local Self-Government (1985) and the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980) is concerned. The European Committee on Social Integration observes the implementation of the treaties which determine the social policy of the member-states. These committees and commissions are quite efficient within their mandate. Moreover, as the example of the Committee on the Prevention of Torture under the Council of Europe testifies they possess a more extended mandate than similar universal control bodies, which undoubtedly raises the prestige of the European system of Human Rights.