Open Letter of the Agora Group to the Leadership of the Council of Europe
The following text is published in the category of “Open Letters and Statements“.
To:
H.E. Mihai Popșoi, Chairperson – Committee of Ministers (CM)
H.E. Alain Berset, Secretary General of the Council of Europe (CoE)
H.E. Theodoros Rousopoulos, President – Parliamentary Assembly (PACE)
H.E. Marc Cools, President – Congress of Local and Regional Authorities (Congress)
cc:
Mattias Guyomar, President of the European Court of Human Rights
Michael O’Flaherty, Council of Europe Commissioner for Human Rights
Gerhard Ermischer, President of the Conference of INGOs
Dear Minister Popșoi, SG Berset, President Rousopoulos, and President Cools,
The AGORA Group was established in September 2025 as an independent, pan-European platform committed to open dialogue and balanced, evidence-based debate on key issues concerning the European Convention on Human Rights (ECHR). It now has more than 700 members from across all 46 member states, representing academics, researchers and legal practitioners. Our primary interest is to ensure the ECHR system is practical and effective, responsive to emerging challenges and steadfast in ensuring the respect for human rights, democracy and the rule of law. We are following with keen interest, and some concern, conjecture related to the ECHR system and it is in this context that we write to you now.
It is the prerogative of member states to discuss ways to enhance the protection of human rights including by improving the effectiveness of the control mechanism of the ECHR and implementation at national and European levels. However, this should be done in a manner that is consistent with the values and standards of the Council of Europe, in particular the rule of law and democratic governance. It is critically important, for instance, that any such discussions about the system are conducted in good faith, respecting the sanctity of the independence of the judiciary, the well-established international law principle of non-regression, and are in keeping with the object and purpose of the Convention and the Council of Europe Statute. If states are minded to open a discussion regarding the system, the terms of such a discussion must be rooted in these principles, be objective and evidence-based.
We recognise that migration poses an important public policy challenge in many countries at this time. It is, however, both incorrect and disingenuous to suggest that the European Court of Human Rights is the source of all ills as implied by some of the rhetoric circulating in recent times. To target a system of rights protection which underpins our democracies, the cohesiveness of our societies and the prosperity of our economies, is unhelpful and almost certainly self-defeating. Equally concerning are some calls for reform of the ECHR — or even withdrawal — made without an objective triage of the relevant issues, let alone an evidence-based assessment of the criticisms directed at the European Court of Human Rights. Performative solutions seeking to fix problems with the ECHR which may not, in reality, exist will lead to unintended consequences which could undermine a system that has delivered positively and responsibly for states for more than 75 years. We urge a high degree of prudence and caution in this regard.
AGORA welcomes the proactive engagement of member states with the Council of Europe, as meaningful engagement and appropriate resourcing are the necessary preconditions for an effective system. We look forward to states using this moment to positively demonstrate the commitments set out in Reykjavik in 2023 including their “unwavering commitment to the Convention system as a mechanism to promote peace and stability in Europe and the Council of Europe’s core values of human rights, democracy and the rule of law” and to “set the Council of Europe on a new path of increased transparency and cooperation with its stakeholders.” AGORA stands ready to contribute to any future discussions objectively, substantively and constructively.
The ECHR has recently celebrated the major milestone of its 75th Anniversary. It is a mark of the enormous success of the system that so many of its provisions, once considered revolutionary, are now accepted as normal, everyday guardrails, fundamental in a democratic society. As we move forward, let us not forget the formidable impact of this system on the lives of hundreds of millions of people over 75 years.
We wish you every success with your endeavours and are at your disposal to support in whatever way is appropriate in order to ensure the ECHR system remains a beacon of hope for all.
Yours sincerely,
The letter is open for signature here.