Helsinki, 25-27 May 2025: Colloquium “Dialogue with the European Court of Human Rights - the impact of the Court’s judgments and advisory opinions at the national level”
The Finnish presidency of ACA-Europe, conducted in close co-operation with Sweden, came to an end with the colloquium and general assembly held in Helsinki from May 25th to 27th 2025.
The colloquium in the south of Finland was the sixth and last event organised under the presidency, preceded by seminars in Stockholm in October 2023, Zagreb in February 2024, Inari in May 2024, Versailles in November 2024 and The Hague in March 2025.
The overall theme of the presidency during 2023–2025 was the dialogue between the supreme administrative courts and the Court of Justice of the European Union and the European Court of Human Rights. In the centre of the discussions were topics related to requesting preliminary rulings, mechanisms of counteracting conflicting rulings, the multilevel protection of fundamental rights, ethics and recruitment of members of the supreme administrative courts and contributing to the quality of legislation.
These discussions contributed to increasing the understanding of how supreme administrative courts and the European courts each play a role in developing and strengthening the rule of law in Europe.
At the colloquium in Helsinki, the focus was on the dialogue between national supreme administrative courts and the ECtHR, often referred to as the Conscience of Europe. We examined the impact of the latter’s judgments and advisory opinions under Protocol No. 16 to the Convention.
Ms Pauline Koskelo, former judge at the ECtHR, delivered the keynote speech in which she discussed climate change and European human rights protection. Ms Koskelo concluded that the judgment in the case of Verein KlimaSeniorinnen Schweiz indeed adds a layer of accountability in matters concerning climate change action. To what extent this will have an impact at the national level depends on the availability of domestic remedies.
The first working session of the day focused on so-called pushbacks and it was moderated by Justice Petri Helander with Referendary Counsellor Kaisa Pärssinen-Knight presenting the relevant results of the general report. Circumstances vary a lot in different parts of Europe when it comes to cross-border movement of asylum seekers and migrants, but we naturally agree on the importance of respecting human rights in safeguarding national security.
The second working session addressed climate change litigation and was moderated by Justice Riitta Mutikainen with Justice Jaakko Autio presenting the findings of the general report. We discussed questions relating to, for example, remedies, admissibility and locus standi of different applicants, especially in the light of the case of Verein KlimaSeniorinnen Schweiz. The burning issue is, clearly, the role of courts in relation to action and inaction of political decision-makers. How far must – or can – the judiciary go to defend the rule of law and human rights of future generations, if governments neglect their duties under international and national law?
Towards the end of the colloquium, Ms Koskelo shared her reflections on the advisory opinion mechanism under Protocol No. 16, a subject which was also commented on by Ms Helena Jäderblom, President of the Supreme Administrative Court of Sweden and former judge at the ECtHR.
In concluding, President Kari Kuusiniemi underlined that the dialogue between national supreme administrative courts and the European courts plays a significant role in the daily work of the judiciary. National courts have an important task in the application and development of the ECHR and EU law and in making requests for advisory opinions and references for preliminary rulings, respectively. It is fair to say that the national courts interact with the European courts in developing the European legal order.
The colloquium was followed by a general assembly where the Supreme Court of Ukraine was granted observer status. The accession speech delivered by Mr Mykhailo Smokovych, President of the Administrative Cassation Court within the Supreme Court, gave an insight into their reality and the significance of European co-operation, and was followed by a standing ovation.
Lastly, President Kuusiniemi handed over the presidency of ACA-Europe to Mr Michail Pikramenos, President of the Hellenic Council of State, wishing him and his team a successful two-year period in keeping the torch burning. The next ACA-Europe event will be held in Athens in November 2025.