European court vacancy arises in early 1998

ONE potential opportunity for an international human rights role for the President, Mrs Robinson, at the end of her term of office would be nomination by the Government to the Irish seat at the European Court of Human Rights in Strasbourg, where a vacancy will arise early next year.

As a barrister Mrs Robinson pleaded landmark Irish cases in front of the court.

The nine year term of the current incumbent, Mr Justice Brian Walshe, ends in January 1998.

The judges of the court, which was established in 1959 and enforces the European Convention on Human Rights in the 40 states of the Council of Europe, are currently part time, but the court is undergoing major restructuring, partly because of the accession of central and east European states.

One of the consequences will be to make the positions full time, also enhancing their standing.

A protocol (No 11) to the convention is in the process of being ratified by each of the member states to streamline procedures by merging the court with the Commission of Human Rights, which currently vets the admissibility of cases for the court.

Because 40 states are involved the ratification process is extremely slow, but it is coming to an end. Four states still have to agree to the changes in three of them the ratification is already before their parliaments.

In the fourth case, Turkey, the protocol is still under examination in government departments. There are fears that Ankara is not particularly pushed about completing the process, not least because much of the time of the court is spent these days pronouncing on violations of human rights in Turkey.

Once ratification is completed - optimists say this time next year - the court goes through a one year transition phase before the judges assume their full time role, probably in 1999.

If Mrs Robinson were to accept appointment she would be the first former president of a member state to do so but would be moving into a court whose political significance, role, and workload have also been transformed by the end of the Cold War and the consequent accession of eastern European countries, including Russia, to the Council of Europe.