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16 September 2010 / Michael Zander KC
Issue: 7433 / Categories: Features , Human rights
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Could do better

Michael Zander QC reports on how well the UK responds to human rights’ judgments

In July, the coalition government published its response to the Parliamentary Joint Committee on Human Rights’ report Enhancing Parliament’s role in relation to human rights’ judgments. Both reports focused on judgments of the European Court of Human Rights (ECtHR) and on declarations of incompatibility issued by domestic courts under the Human Rights Act. The joint committee’s report reviewed the overall position, dealt in detail with individual cases, and made recommendations for systemic improvements.

ECtHR overwhelmed

Both publications start with the crisis facing the Strasbourg Court. Currently it has 120,000 pending cases and since there are many more new cases each year than are decided, the backlog is growing. Some 70% of the cases (mainly from East European countries) are “repetitive applications” where the national system has failed to deal with an issue that the court has already decided. At the end of 2009 there were 8,600 cases pending before the Committee of Ministers concerning late or non-execution of judgments.

The Interlaken Declaration issued in February on behalf of

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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