The Role of the European Court of Human Rights in the Changing European Human Rights Architecture – University of Copenhagen

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11 April 2016

The Role of the European Court of Human Rights in the Changing European Human Rights Architecture

Abstract: The European Union (EU) is increasingly prioritizing fundamental rights, for example by giving the Charter of Fundamental Rights (the Charter) the status of primary law. There are signs that the center of gravity for the protection of human rights in Europe will shift from Strasbourg to Luxembourg. Due to Opinion 2/2013 accession of the EU to the ECHR accession is probably not going to be realised any time soon giving the CJEU time to build up its own human rights corpus. Other factors are also relevant. First, the ECtHR has afforded a very wide discretion to the EU through the principle of 'presumption of Convention compliance'. In addition, the ECtHR is operating in an environment full of political and judicial resentments, i.a. reflected political and judicial criticism towards the Court, in a zero growth policy that has been followed for many years and by politicians insisting to have reference to the concepts of 'subsidiarity' and 'margin of appreciation' inserted into the Preamble to the Convention. These matters weaken the Court's claim continue to play a leading role in human rights protection on a pan-European level, in particular within the EU.

The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. The book is edited by Professor Oddný Mjöll Arnardóttir and Professor Antoine Buyse.

Read more about the book here