Some National Security Issues under the European Convention on Human Rightscase-Law

Abstract

This article explores some national security issues within the European Convention on Human Rights (ECHR) case-law. At this juncture, there have been numerous challenges facing national security, especially whether it should contradict or guarantee individual rights. The paper mainly scrutinizes Article 6 and 8 ECHR focusing on two significant cases of the European Court of Human Rights: Rotaru v. Romania and Leander v. Sweden. The first case deals with the violation of the right to a fair trial and an effective remedy as well as breaching the right to privacy. The second case concerns the storage of data regarding the private life of an individual and if this collection might be used for employment research aims for grounds of national security. The study shows that states have a wide margin of discretion when choosing the manners in which they make decisions to protect their national security. The few indications identified in the jurisprudence of a number of states in connection with the right to privateness covered by the paper feasibly fail to meet the criteria of legal certainty necessary to guarantee the proper functioning of the rule of law.