Judge Rozakis's Separate Opinions and the Strasbourg Dilemma

Abstract

Separate opinions in the European Court of Human Rights have been pivotal for the development of the Court's jurisprudence and for shaping the Court's judicial style. The paper focuses on the separate opinions of the Vice-President of the Court, judge Christos Rozakis. It shows that judge Rozakis's separate opinions have consistently urged for substantive scrutiny of the necessity of state interference with the applicant's rights, while being critical of granting states a margin of appreciation. The paper argues that Rozakis's critique of the margin of appreciation, as found in his separate opinions, will be one of the Court's most important legacies in the years to come.

Keywords: European Court of Human Rights, Separate Opinions, Margin of Appreciation, Proportionality, European Convention on Human Rights (ECHR)