ABSTRACT
The chapter focuses on pan-European values, ethics and norms that help to show what a decent breach procedure that respects the rights of those affected should look like. Concern for fairness is relevant not only because it is central from a human rights perspective but also because a fair process can lead to (further) compliance, and the lack of it undermines that aim. While this is acknowledged by some of the soft law recommendations of the Council of Europe, the jurisprudence of the European Court of Human Rights has so far only very reluctantly dealt with fairness issues in breach procedures. The chapter therefore also contains a critique of the relatively narrow interpretation of ‘fairness’ as laid down in Art. 6 ECHR.
