The European Court of Human Rights—Can there be too much Success
Bibliographic Data
| ID | 12930388 |
|---|---|
| Authors | Paul Lemmens (0000-0002-7847-4586), Koen Lemmens (0000-0002-5947-4644, corresponding author) |
| Year | 2022 |
| Volume | 14 |
| Issue | 1 |
| Pages | 169-190 |
| Publication date | 2022-02-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Human Rights Practice (JOURNAL) |
| Journal identifiers | ISSN: 1757-9619 • E-ISSN: 1757-9627 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jhuman/huac019 |
| OpenAlex | W4225596215 |
| Language | EN |
| Citations received | 3 |
| References cited | 18 |
During its more than 60 years of operation, the European Court of Human Rights has proven to be a real beacon for many individuals. Through its case law, it has contributed to the development of human rights law as well as to the development of the principles of the rule of law and of democracy in Europe. However, the Court faces two central problems: the caseload it has to deal with and challenges to its authority and legitimacy. The present contribution will study the history and the achievements of the Court, and address the challenges and the Court’s response to them. The latter has particularly included measures aimed at making its working methods more effective and attempts to increase awareness of its subsidiary role within the Convention protection system, especially regarding its approach to the review of decisions of national authorities. In this context, the development of the principle of process-based review in the Court’s jurisprudence is examined. What will characterize the Convention system in the future is closer cooperation between the Court and national courts. Whether this will effectively lead to an increased protection of human rights on the ground remains to be seen. It is not only for the Court to earn such confidence through its work, but also for others to maintain a climate in which that confidence can continue to be enjoyed
Common law · Context (archaeology · Convention · Democracy · Fundamental rights · Geography · Human rights · International human rights law · Jurisprudence · Political science · Politics · Precedent · European and International Law Studies · European Criminal Justice and Data Protection · Judicial and Constitutional Studies · Law
The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law
Walking Back Human Rights in Europe
Res Interpretata, Erga Omnes Effect and the Role of the Margin of Appreciation in Giving Domestic Effect to the Judgments of the European Court of Human Rights
An Empirical Look at the Amicus Curiae Practice of Human Rights NGOs before the European Court of Human Rights
Blanket Bans, Subsidiarity, and the Procedural Turn of the European Court of Human Rights
The Procedural Approach of the European Court of Human Rights
Universality or Diversity of Human Rights
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2024 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |