CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ ARTICLE 18 OF THE ECHR AS AN EARLY WARNING INSTRUMENT FOR THREATS… About the Author: Armen Harutyunyan , Judge of the European Court of Human Rights since 2015. Diploma in Law, Yerevan StateUniversity, LawDepartment, 1981–1986.Member of the Commission on Constitutional reforms, 1997–2001. Legal Advisor, Constitutional Court of Armenia, 1997–2005. Representative of the President of the Republic of Armenia on Constitutional reforms, 2001–2005. Rector, Public Administration Academy of Armenia, 2002–2006. Deputy Representative of Armenia, European Commission for Democracy through Law (Venice Commission), 2002–2011. Member of the Council of Justice of Armenia, 2004–2005. President of the European Law Association of Armenia, 2004–2011. Human Rights Defender (Ombudsman) of Armenia, Human Rights Defender’s Institution of Armenia, 2006–2011, Graduated of the Human Rights Law Centre, School of Law, University of Nottingham, 2007, Regional Representative, Regional Office for Central Asia of the Office of the UN High Commissioner for Human Rights, 2011–2014. Head of the UN Human Rights Monitoring Mission in Ukraine, UN High Commissioner for Human Rights, 2014–2015. Member (external) of the Commission of Constitutional amendments of Ukraine, 2015. 1. Introduction After the Cold War, the CoE enlarged by extending its membership to east and central Europe and Russia. 1 Through this expansion, the CoE stood up as a figure supporting newly established liberal democracies across Europe. 2 Under the new circumstances, the CoE reformed its institutional system in order to implement effectively its new role to help the transitional societies to establish liberal democratic regimes. “The European Commission for Democracy through Law was established in 1990. ” 3 The European Court of Human Rights (ECtHR, or the Court) was transformed into a full-time and compulsory court in 1998. 4 The CoE Commissioner for Human Rights was established in 1999. 5 During the last decade the CoE has witnessed a deterioration of democratic systems in many of the CoE member states.This trend has been reflected in many analyses and researches. For example, Hungary, Poland, Romania, Serbia, Türkiye, and Ukraine, are considered 1 Czech Republic (1992), Bulgaria (1992), Slovak Republic (1992), Hungary (1992), Poland (1993), Romania (1994), Slovenia (1994), Lithuania (1995), Estonia (1996), Albania (1996), Andorra (1996), Latvia (1997), Moldova (1997), from (1997), Ukraine (1997), Croatia (1997), Russian Federation (1998), Georgia (1999), Armenia (2002), Azerbaijan (2002), Bosnia and Herzegovina (2002), Serbia (2004), and Montenegro (2004). See, Council of Europe, ‘Chart of Signatures and Ratifications of Treaty 005’: https://www.coe.int/en/web/ conventions/full-list/-/conventions/treaty/005/signatures?p_auth=vFZ7AeW4 (Last accessed 09.09.2022). 2 JORDAN, P. A. ‘Does Membership Have its Privileges? Entrance into the Council of Europe and Compliance with Human Rights Norms’, 25 Human Rights Quarterly, (2003), 660-661. But also see JANIS, M. ‘Russia and the “Legality” of Strasbourg Law’, 8(1) European Journal of International Law, (1997), 93. 3 Committee of Ministers, ‘On a Partial Agreement Establishing the European Commission for Democracy Through Law’, (10 May 1990), Resolution(90)6, Article 1. 4 Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby (adopted 11 May 1994, entered into force 1 November 1998) ets. 155. Article 19. 5 The office of the Commissioner for Human Rights was instituted in 1999 following the decision of the Heads of State and Government of the member states of the Council of Europe at their Second Summit in 1997. See, Committee of Ministers, ‘On the Council of Europe Commissioner for Human Rights’ (7 May 1999) Resolution (99)50.

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