Human Rights in the Council of Europe and the EU: Towards 'Individual', 'Constitutional' or 'Institutional' Justice?

20 Pages Posted: 4 Jul 2009

See all articles by Steven Greer

Steven Greer

University of Bristol - School of Law

Andrew Trevor Williams

University of Warwick - School of Law

Abstract

The European Convention on Human Rights, promulgated by the Council of Europe in 1950, is widely regarded as the world's most successful experiment in the trans-national judicial protection of human rights. The EU's much more recent judicial and political interest in human rights has also been widely welcomed. Yet, while the crisis currently afflicting the Convention system has not gone unnoticed, the same cannot equally be said of the difficulties presented by the increasing interpenetration of the two systems. Amongst the few who have shown some interest in these problems, the dominant view is that good will and common sense will provide adequate solutions. We disagree. Instead, we detect a gathering crisis which, unless properly analysed and effectively tackled, will only deepen as the EU's interest in human rights develops further. In our view, the problem is essentially conceptual and that, ultimately, it boils down to a much-neglected question, simple to state but not so easy to answer: is the trans-national protection of human rights in Europe a matter of 'individual', 'constitutional' or 'institutional' justice?

Suggested Citation

Greer, Steven and Williams, Andrew Trevor, Human Rights in the Council of Europe and the EU: Towards 'Individual', 'Constitutional' or 'Institutional' Justice?. European Law Journal, Vol. 15, Issue 4, pp. 462-481, July 2009, Available at SSRN: https://ssrn.com/abstract=1429090 or http://dx.doi.org/10.1111/j.1468-0386.2009.00473.x

Steven Greer (Contact Author)

University of Bristol - School of Law ( email )

University of Bristol,
Senate House, Tyndall Avenue
Bristol, BS8 ITH
United Kingdom

Andrew Trevor Williams

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524996 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/williams

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