nOVEMBER 2014 - STRASBOURG

                                Draft Agenda

   Day  1:  Thursday  20^th November (Hilton Hotel, Avenue Herrenschmidt,

   0930 Session 1: Introductions (30 minutes).

   Introduction  to  the  program,  and  overview of the situation at the

   1000 Session 2: Plenary: Procedural Developments (75 minutes).

   This  session  will  review some of the issues that will be covered in
   the  discussions  with  the  Court  and  the Registry on Friday 21^st,
   allowing  NGOs  to  share  experiences  and consider their response in

     * New  Applications. The new application form, strict application of
       Rule  47, and the four-month time limit. Developments in decisions
       regarding  "no  significant  disadvantage"  and  the  single judge
     * Urgent Cases. Changes in the attitude of the Court to dealing with
       Rule  39 and Rule 41 requests, and tactics for making applications

     * Pilot  Judgments.  Review of recent pilot judgments, and responses
       to  them  from  the  Court,  States,  and  Civil  Society. How the
       registry is dealing with repetitive cases.
     * Well-Established  Case Law Doctrine. Developments in the last year
       on the introduction of this doctrine, and possible expansion going

   1115 Break (15 minutes)

   1130 Session 3: Breakout Groups: Substance (90 minutes).

   These   sessions   will   allow   smaller  groups  to  discuss  recent
   developments  in  law  and  procedure.  They will focus on a review of
   changes  in  the  case  law,  any particular strategies that have been
   successful,  and upcoming cases that colleagues are preparing to file.
   The  four  breakout groups will be facilitated by lawyers specializing
   in each area.

     * Fair  Trial  Rights.  Recent  developments  in  arrest  rights and
       Article 6 rights.
     * Discrimination.  Including Roma, disability, ethnic profiling, and
       LGBT litigation.
     * Articles 2 and 3. Ill-treatment in prisons and police stations and
       accountability for atrocity crimes.
     * Media  Freedom  and  Surveillance. Controls on journalists and the
       right  to  reputation;  challenging  surveillance  and information

   1300 Lunch (45 minutes)

   1345 Session 4: The Impact of Strategic Litigation (30 minutes).

   How  can  strategic  litigators,  donors  and NGOs best understand and
   assess  the various impacts of strategic litigation? How do we know if
   it affects the making of policy, shapes the attitudes of victims or of
   broader  society,  or  brings  about real social change on the ground?
   What  are  the main primary and secondary impacts that can be observed
   or measured? A discussion of the latest research and thinking, and how
   this can be used by civil society.

   1415 Session 5: Plenary Session: Current Controversies (90 minutes).

   This  session  will  review  three  larger  questions  of  concern  to
   litigators before the ECHR.

     * Long Term Reform of the Court. What are the options that NGOs will
       be  asked  to consider? What is the Court? How should NGOs respond
       to   the   debate   as  to  whether  the  Court  should  become  a
       Constitutional  Court  for  Europe?  What is our response to Judge
       Spano's proposal that we are in a "new age of subsidiarity"?

     * Implementation  at  the  Committee of Ministers. Various NGOs have
       undertaken advocacy before the Commission of Ministers with regard
       to  the  implementation  of  judgments,  providing  information to
       diplomats  to  inform their debate. Would it be possible to have a
       permanent  NGO  based  in  Strasbourg that could play this role on
       behalf of human rights lawyers across Europe?
     * Attacks  on  the Court. The promotion of human rights has become a
       toxic subject in countries such as Hungary, Russia, and the United
       Kingdom.  What  is the risk that such attitudes will spread across
       Europe? How can the media be encouraged to present a more accurate
       and  sympathetic  understanding  of the subject? Are the voices of
       European  human  rights  lawyers  useful  in  the discussion, or a
       distraction, or worse?

   1545 Break (15 minutes)

   1600 Session 6: Breakout Groups: Practice (45 minutes).

   These short sessions will allow for a technical discussion of problems
   that  arise  in  the practice of litigation before the European Court.
   Practitioners  will  share  experiences and propose best practice that
   works. The most popular groups will be chosen from the following list:

     * Strategy  development.  Planning and managing strategic litigation
     * Third  Party  Interventions.  What  is  the  impact of third party
       interventions,  and how can it be enhanced? How can NGOs encourage
       other groups to intervene?
     * Remedies  and  Just  Satisfaction.  Recent practice with regard to
       remedies  and  settlements,  and  the  development  of "indicative
       judgments".  Tactics  for improving implementation from the outset
       of litigation before the Court.
     * Drafting. Techniques for dealing with the new application form and
       best practice for legal drafting before the Court.

   1645 Session 7: Plenary: Q&A, AOB (45 minutes).

   General  discussion  on  issues arising from the earlier sessions, any
   left-over questions, and preparation for the meeting with the Registry
   and the Court on Friday.

   1730 End

   Friday 21^st November (at the Court)

   0930 Introductory Remarks by the President of the Court

   0945 Questions of Procedure and Practice Part 1.

   Clearing  the  backlog,  strict  application  of  Rule 47, Rule 39, no
   significant   disadvantage,   pilot   judgments,   repetitive   cases,
   application  of  the  WECL doctrine, interim measures, prioritisation,
   single  judge  procedure,  dealing  with confidential documents, other
   novel issues that the rules committee is considering.

   1100 Coffee

   1120 Questions of Procedure and Practice Part 2. 

   To discuss further issues of practice and procedure as in Part 1.

   1230 Lunch. Provided by the Court - Human Rights Building Restaurant.

   1400 Q&A more generally.

   Any  remaining  issues from the morning session, spontaneous questions
   from the floor.

   1530 Panel Discussion: Just Satisfaction and Implementation.

   Requests  for  just satisfaction to the Court, implementation of pilot
   judgments,  and  developing  practice  of  the  Court in some cases to
   indicate   the  types  of  measures  that  might  be  appropriate  for
   implementation,  good  practice for applicants representatives both in
   developing  their  claims  for just satisfaction and in advocating for
   subsequent implementation of the judgment.

   1700 End


   Strasbourg NGO Meeting November 2014-Preliminary Agenda-RS-10.22.14


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