An overview of the supervisory machinery under the ECHR and its impact on the domestic legal system

Abstract

The European system for the protection of human rights is both important and unique. lt has been established since the 1950's and modified several times over the years. Different Protocols have been added to the original ECHR, bringing major and significant changes not only on the rights protected but also on the enforcement system. The latest Protocol No. 11 brought substantial changes on the institutional structure of the Convention but as the European system stands today there are various deficiencies that require further amendments. The incorporation of the ECHR in the domestic legal system, the supervision of the Committee of Ministers, the workload of the Court are some of the problems that the Council of Europe is faced with. The effectiveness of the European Convention on Human Rights is challenging and crucial for the future. The substantial enlargement of the Council of Europe's geographical parameters shakes the effectiveness of the European system. Changes and reforms are needed for maintaining the high standards of the ECHR. This thesis aims in highlighting the problems and suggesting various reforms for more effective and efficient protection of human rights within Europe.