At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
The European Court of Human Rights is facing a period of change. The EU may soon become subject to the Court, and it also increasingly finds itself addressing actions by the UN and other international organizations. This volume explores the Court's new national, European and international positions.
1. Introduction Andreas Follesdal, Birgit Peters and Geir Ulfstein; 2. The Court and the member states: procedural aspects Ian Cameron; 3. The margin of appreciation doctrine: a theoretical analysis of Strasbourg's variable geometry Yutaka Arai-Takahashi; 4. The ECHR as a living instrument: its meaning and legitimacy George Letsas; 5. No longer offering fine mantras to a parched child? The European Court's developing approach to remedies Philip Leach; 6. National implementation of ECHR rights Mads Andenas and Eirik Bjorge; 7. The Court as a part of the Council of Europe: the Parliamentary Assembly and the Committee of Ministers Elisabeth Lambert-Abdelgawad; 8. Should the European Union ratify the European Convention for Human Rights? Some remarks on the relations between the European Court of Human Rights and the European Court of Justice Leonard F. M. Besselink; 9. The European Court of Human Rights and the United Nations Christian Tomuschat; 10. Conclusions Andreas Follesdal, Birgit Peters and Geir Ulfstein.
An assessment of the European Court of Human Rights at the national, European and international levels.