Mikael Rask Madsen about a reform of the European human rights system
Mikael Rask Madsen in P1 Orientation Europe: European human rights under scrutiny
In P1’s Orientation Europe Mikael Rask Madsen talks about his thoughts on how Denmark, as president of the European council, can contribute to a reform of the European Court of Human Rights and thereby strengthen the human rights.
Denmark is about to take over the rotating presidency of the council of Europe and is ready to look critically at the European Convention on Human Rights and how it is interpreted. Many politicians think the convention is a hindrance for the national states self-determination. An example of this, is how the convention prevents that criminal foreign nationals can be deported. The government wants to arrange a conference about the future role of the European Convention on Human Rights. The question, which is discussed is whether reforms of the human rights system are necessary. Mikal Rask Madsen argues that if we examine the caseload, the principle of subsidiarity and the interaction of law and politics, the Court and hereby the protection of the human rights can actually be strengthened. The interaction between law and politics should be understood as the lack of a frame that allows for legitimate political critique of the Courts. Politicians cannot within the ECHR, like in national legal systems, subsequently change a law if a ruling creates discontent. This should be reformed for the Court to function efficiently, which would create a stronger European legal order.
Mikael Rask Madsen is Center Director and Professor at the Faculty of Law, University of Copenhagen, Centre of Excellence for International Courts (iCourts). Mikael Rask Madsen’s research is focused on globalization and the role of legal institutions and professionals in these processes, including international courts and their evolutions and challenges, the role of legal elites in the globalization, the development of the legal profession and legal knowledge and power.