On 4 December, the CCBE adopted comments following up on the CCBE Statement on the letter published on 22 May 2025 concerning the interpretation of the European Convention on Human Rights.
The CCBE analysed the three problems with the interpretation of the European Convention on Human Rights asserted in the open letter. The analysis demonstrates that these criticisms of the Court’s interpretation of the Convention are not evidentially supported.
The CCBE is concerned about any adverse effects caused by mis-directed criticism of the Convention system as a whole and especially the Court’s authoritative interpretation of the Convention.
Crucially, criticism expressed in the open letter misses the need to focus on accelerating domestic decision making in these sensitive areas as well as the Court’s process and the prompt and effective implementation of the Court’s judgments to which all Council of Europe Member States committed themselves in the Reykjavik Declaration.
In May 2023, at the Fourth Summit of Heads of State and Government of the Council of Europe, all the Member States recommitted themselves in the Reykjavik Declaration to the prompt and effective implementation of judgments of the Court. The CCBE maintains its support for additional resourcing of the Court’s and national courts’ capacity to hear and dispose of human rights cases, which will make the protection and implementation of fundamental rights more effective. Despite straightened economic pressures, all Council of Europe Member States need to commit additional resources to the prompt processing of human rights cases and to resourcing the Court adequately.
The CCBE also reminds that the nine States concerned are all parties to the EU Charter on Fundamental Rights which expressly recognises the right to apply for asylum and separately the analogous rights to life and bodily integrity already protected by the Convention. Any attempt to unravel the Convention in this regard amounts to a collateral attack on fundamental rights also protected by EU law and their supervision by the Court of Justice of the European Union.
Finally, any discussion on legal issues related to the Convention and its interpretation, should take place within the existing relevant platforms of the Council of Europe. The CCBE is eager to engage in further substantive discussion on improving effective human rights protection in Europe with States’ authorities and other relevant stakeholders.