This is rather interesting. Perhaps Numbers would like to see what he can find out to develop our understanding in this area with regard to Italy if he has time. I am rather ill equipped at present for research being both abroad and rather busy.
The Role of the Government Agent before the ECHR in Ensuring Effective Human Rights Protection
Introduction
The right to lodge individual applications against the states with the European Court of Human Rights in cases of alleged violation of human rights also involves the right of a state to defend itself. The Government Agent represents the interests of the respondent State before the Court.
Defending the rights of a state that had allegedly violated human rights, the Government Agent is in the position to provide an effective protection of human rights as well, to whatever extent it might sound a paradox.
The legal grounds for the participation of the Government Agent in the proceedings before the Court are contained in Article 35 of the Rules of the Court, which prescribes that the parties are represented by agents (representatives) who may be assisted by attorneys-at-law and counsellors.
The European Convention on Human Rights does not contain any explicit provision on the agents, but it is clear from the formulations of certain articles of the Convention that the states are represented before the Court by the Government Agents. Thus, for example, Article 38, paragraph 1, items a and b of the Convention prescribes that the Court, if it declares an individual application admissible, pursue the examination of the case, together with the representatives of the parties and it avails itself to the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the protocols thereto.
Generally speaking, the functions performed by a Government Agent may be summarised as follows:
– to accomplish the contacts between the Court and a member state of the Convention, which means that the cases as well as all the correspondence and statements are made through the Government Agent;
– to represent a state before the Court, which means that a Government Agent prepares and signs all written observations of the respondent State (observations) and presents oral observations in one of the official languages of the Court, whether they are prepared by the Agent himself/herself or not (there are member states that engage large law offices in various fields of law to prepare the submissions to the Court, whereas the Government Agent only presents or signs them);
– to accomplish co-operation with the competent authorities in the country (the ministries, the courts, the police, the prison institutions, etc.) in order to collect necessary elements for the preparation of a reply to the Court;
to establish and maintain the co-operation with the Court registry, providing certain information, documents, etc. at its request;
– to have the right to intervene in certain cases before the Court (in the interest of proper administration of justice or if the applicant is a citizen of the state the Government Agent represents before the Court);
– to negotiate friendly settlements, conclusion of friendly settlements and issuance of unilateral declarations;
– to monitor the execution of judgements adopted by the Court and submit information to the Committee of Ministers of the Council of Europe on the measures undertaken by the government of the Respondent State regarding the execution of judgements;
- to monitor harmonisation of domestic legal regulations with the provisions of the Convention and the Court case-law, and the right of legislative initiative in some individual cases as well.
In addition to the above stated functions, the Government Agent also participates in the activities of the Steering Committee for Human Rights (CDDH) and the Committee of Experts for the Improvement of Procedures for the Protection of Human Rights before the Court (DH–PR), in the working groups within these Committees, attends periodic meetings of the agents that are organised by the Council of Europe, works on awareness raising on human rights, and the agent may also have a role in the legislative process.
The role of the Government Agent in ensuring effective human rights protection shall be considered on the basis of his/her activities in the process of conclusion of friendly settlements, in the process of supervision of execution of judgements rendered by the European Court of Human Rights and through his/her activities directed to the strengthening of awareness of the need to respect human rights.
http://www.ius.bg.ac.rs/informacije/Conference abstracts/Caric abstract.pdf