In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.
The European Convention of Human Rights (ECHR) should be an instrument of development and improvement rather than an “end game” treaty which froze the state of affairs that existed 60 years ago. At the same time, evolutive interpretation should not be tantamount to arbitrary interpretation. This paper seeks to explain how the European Court of Human Rights (“ECtHR”) strikes a balance between development and stability.
Non-execution of the judgments of the European Court of Human Rights is a matter of serious concern. In order to address it, the reasons for and dynamics of non-execution need to be fully considered. This paper engages with non-execution by sketching the underpinning issues that help to explain it and, we argue, must shape our responses to it. Through this engagement, we conclude that non-execution is properly understood as a phenomenon that requires political rather than legal responses. This calls into question the usefulness of the infringement proceedings contained in Article 46(4) of the Convention and which it has recently been suggested ought to be embraced in attempts to address non-execution. We argue that, even if the practical difficulties of triggering Article 46(4) proceedings could somehow be overcome, the dynamics of non-execution suggest that such proceedings would be both futile and counterproductive, likely to lead to backlash against the Court and unlikely to improve States’ execution of its judgments.
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