Protections non-juridictionnelles europeennees des DH

Contrôle non juridictionnel des droits fondamentaux au niveau européen

Au sein du Conseil de l’Europe

• Rôle du Secrétaire Général (SG) du Conseil de l’Europe (A52 CEDH): The SG can investigate issues related to the effective application of the European Convention on Human Rights (CEDH). States must provide explanations. A52 was initially criticized for inefficiency. Now, it acts as an early warning system when the SG identifies problematic practices in member states. This article has been used approximately a dozen times.
• Evolving Role of A52: Initially, the SG addressed all signatory states asking for reports on all parts of the protocols. Later, the SG targeted particular states, like Russia in 1999 regarding Chechnya, or Moldova in 2002. The SG started to tackle broader issues like detentions and transport of suspected terrorists in 2005, highlighting the SG's increasing scope of action and evolving approach to reports.
• Reporting processes changed from states relaying reports amongst each other to the SG interacting more directly with specific states, ultimately leading to referrals to the Committee of Ministers. This illustrates the ability of A52 to trigger the involvement of other bodies.
• Role of the SG and the Committee of Ministers: The SG's reports were instrumental for the Committee against Torture. The committee relied on them to comment on the Romanian government's alleged secret prisons in 2012, which led to a ruling by the European Court of Human Rights. highlighting the administrative and diplomatic role of the SG.

Rôle du Comité européen contre la torture:

• Principles: The committee operates based on cooperation (advisory role for states) and confidentiality (reports are not public unless the state consents).
• Inspections: The committee can visit places where people are detained. Common types of visits include periodic, ad hoc (emergency), and follow-up inspections.
• Reporting and Consultations: Following a visit, the committee prepares reports with recommendations for the state. Discussions are possible between the parties with limited exceptions.
• Exceptions to confidentiality: States can request public release of the report and commentary, while in cases where cooperation is deemed insufficient, the committee can publicly release the report (rare cases, often in relation to difficult situations).
• Focus on France: A recent report (2021) highlighted issues with prison overcrowding and penitentiary violence. There are also concerns about the dignity of prisoners. Earlier inspections include visits to Guadeloupe (2003) and France concerning law enforcement facilities (2024).

Rôle du Comité européen des droits sociaux (CEDS):

• Procedures: The committee addresses issues through two avenues: collective complaints and examination of state reports. The rulings of CEDS are not automatically enforceable, requiring implementation through national legislation.
• Collective Complaints (1995): A procedure that lets social partners and NGOs approach the committee directly. This was confirmed in France and has led to an increase in collective grievances.
• 2023 Activity:
• CGT vs. France: A violation in the right to strike, as France's rules concerning employees' salaries were seen by CEDS as interfering with negotiations.
• European Forum of People with Disabilities and EUROPE vs. France: Issues related to adequate assistance for individuals with disabilities (violation of several charter articles).
• Effect in French Law: French courts have acknowledged the charter's importance but not full direct applicability, indicating an ongoing and evolving interaction between EU law and French implementing laws.

Au sein de l’Union européenne

Procédure de l’article 7 du TUE:

• Objective: The procedure addresses a potential threat of violation of EU values by a member state, potentially leading to the suspension of voting rights in the EU Council.
• EU Values (Article 2 TUE): Respect for human dignity, freedom, democracy, equality, rule of law, and human rights.
• Utilisation:
• 2017, the EU Commission initiated Article 7 proceedings against Poland.
• 2018, the European Parliament initiated proceedings against Hungary. In both cases, the EU Council did not invoke the article, due to the required unanimity for such actions.
• Critique: The mechanism, although impactful in theory, has limited practical application due to the unanimity requirement in the EU Council.

Pétitions:

• Mechanism: Citizens can submit petitions on violations of fundamental rights to the European Parliament.
• Emphasis: Many petitions relate to violations of fundamental rights as described in the Charter of Fundamental Rights. The Parliament addresses these issues by referencing the petitions during debates, publishing reports or resolutions.
• Particular focus: children's rights, minority rights, voting rights, freedom of movement, and the rights of people with disabilities

Régime mondial des sanctions UE:

• Purpose: Created in December 2020 in response to Alexei Navalny's imprisonment and the Belarusian protests to impose sanctions on individuals and entities responsible for grave human rights violations globally. This is part of the Common Security and Defence Policy.
• Mechanism: Sanctions can include travel restrictions and asset freezes.
• Effectiveness: The sanctions are seen as a way to increase the influence and impact of the EU in matters of human rights on a global scale, but their practicality and effectiveness are debated. The sanctions have not resolved all situations.

Explorez le rôle du Secrétaire Général dans le contrôle non juridictionnel des droits fondamentaux au sein du Conseil de l'Europe. L'évolution des procédures de rapport et des interventions avec des États, tels que la Russie et la Moldavie, met en lumière l'importance de la CEDH et son impact sur la protection des droits humains en Europe.