Extension of the competence of the European Court of Human Rights as regards the interpretation of the Convention on Human Rights

Recommendation 232 (1960)

Author(s):

Parliamentary Assembly

Origin

Assembly Debate on 22nd January 1960 (30th Sitting) (see Doc. 1061, Report of the Legal Committee). Text adopted by the Assembly on 22nd January 1960 (30th Sitting).

The Assembly,

Considering that the Convention on Human Rights contains a number of provisions which are capable of varying interpretation ;

Considering that it is desirable that in cases of doubt an authoritative interpretation should be given by some suitably qualified body ;

Considering that the Court of Human Rights is best qualified for the purpose,

Recommends to the Committee of Ministers :

1 that it should convene a Committee of Experts with instructions to conclude an agreement that would confer on the European Court of Human Rights, in addition to its present competence defined in Article 45 of the Convention, the competence to interpret the Convention on Human Rights, when a doubt has arisen of a legal character, even though no case has been brought ;

2 that it should submit the draft Agreement prepared by the Committee of Experts to the Assembly for an opinion before signature by Member Governments.