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La Cour européenne des droits de l’homme dans un contexte défavorable

Geneva Hub for Democracy Highlights Paper

Author(s):

Frédéric Bernard

Release Date:

June 2017

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Over the last decade, the European Court of Human Rights (ECtHR) has been the subject of continued criticism by its State Parties. This has created a particular situation that the ECtHR has had to face, split between its role as “Europe’s conscience” and the necessity to watch over its legitimacy and authority. In other words, the State Parties could ask the Court to redefine its position towards them, notably by introducing the principle of subsidiarity into the preamble to the European Convention on Human Rights (ECHR). Such an approach could however put at risk the undeniable achievements of the Court and its jurisprudence.