Council of Europe rejects political pressure on ECHR in Meloni reply
"Debate is healthy, but politicising the Court is not. In a society governed by the rule of law, no judicial body should be subject to political pressure," Council of Europe Secretary General Alain Berset said in a statement on Saturday.
The Council of Europe's reply is in response to the letter that Italian Premier Giorgia Meloni's government signed together with eight other European countries calling for an amendment to the European Convention on Human Rights.
"On 22 May 2025, at the initiative of Denmark and Italy, nine member states of the Council of Europe - including Austria, Belgium, Czechia, Estonia, Latvia, Lithuania and Poland - published a joint letter calling for a 'new and open conversation' on how the European Court of Human Rights interprets the European Convention on Human Rights," writes Berset in the message.
"Their concern relates to judgments on migration. These are complex challenges and democracies must always remain open to reflection through the appropriate institutional channels. But clarity is essential,' Berset explains.
The secretary then states that the European Court of Human Rights is not an external body. It is the legal arm of the Council of Europe - created by the member states, established by sovereign choice and bound by a Convention that all 46 members have freely signed and ratified.
"It exists to protect the rights and values they have pledged to defend. The defence of the Court's independence and impartiality is our foundation," Berset adds.
"Debate is healthy, but politicising the Court is not. In a society governed by the rule of law, no judicial body should be subject to political pressure. Institutions that protect fundamental rights cannot bend to political cycles. "
"If they do, we risk eroding the stability that they themselves must guarantee,' the secretary writes: 'The Court must not be used as a weapon, neither against governments, nor by them'.
Berset then recalls that in 2025 the Convention will be 75 years old and that the Court has brought its principles to life, guiding European states through threats to judicial independence, political turmoil and even war.
"The European Court of Human Rights is the only international court that judges human rights violations in the context of Russia's war of aggression against Ukraine. This should never be compromised," Berset adds.
"In facing today's complex challenges, our task is not to weaken the Convention, but to keep it strong and relevant - to ensure that freedom and security, justice and accountability, are kept in balance. This is the legacy we receive. And it is the duty we share,' the letter concludes.
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