Lunch seminar with Basak Çali
The Present and the Future of Infringement Proceedings of the Council of Europe: Lessons learned from Kavala v. Türkiye
The Council of Europe is headed to its fourth summit under the shadow, most likely, of the unimplemented infringement proceedings judgment in the case of Kavala v. Türkiye. The aim of this article is to investigate what this persistent non-implementation teaches us for the present as well as for the future reform of infringement proceedings monitoring. Strengthening this is of inestimable importance for the future credibility of the Council of Europe, as well as the authority of the European Court of Human Rights in general. The lack of a clear strategy for handling non-implementation of infringement proceedings will have a dissuasive effect on the further use of such proceedings by the Committee of Ministers, it removes any teeth proceedings were ever intended to have. In this article I argue that the future of the effective monitoring of judgments resulting from infringement proceedings depends on: a) the foreseeable proceduralisation of the mechanisms to exert pressure on non-implementing states and, b), further judicialisation of the ECtHR’s handling of the remedies required to implement judgments resulting from infringement proceedings. In conclusion, I reflect on possible objections to this double call of proceduralisation and judicialisation as the basis of reform.
Speaker bio
Basak Çali is Professor of International Law at the Hertie School, Co-Director of the School's Centre for Fundamental Rights and a permanent visiting professor at iCourts.
She is a legal representative of Mr. Kavala with respect to the infringement proceedings before the Grand Chamber of the European Court of Human Rights.
Meeting ID: 625 9304 7104
Passcode: 327554