Judge Rozakis's Separate Opinions and the Strasbourg Dilemma

16 Pages Posted: 25 Jun 2011

See all articles by George Letsas

George Letsas

University College London - Faculty of Laws

Date Written: June 25, 2011

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)

Suggested Citation

Letsas, George, Judge Rozakis's Separate Opinions and the Strasbourg Dilemma (June 25, 2011). Available at SSRN: https://ssrn.com/abstract=1872384 or http://dx.doi.org/10.2139/ssrn.1872384

George Letsas (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
392
rank
69,430
Abstract Views
1,525
PlumX