The European Court of Human Rights: Quo Vadis?

Abstract

The reform process of the European Court of Human Rights, initiated by Protocols 11 and 14 to the European Convention on Human Rights, is presently the subject of further reflection by its State Parties. The activism of the Court in some areas, such as immigration and social security policies come under increasing criticism by scholars and States. However, the problems facing the Court are wider; they involve broad issues relating to the future status of the Court and its effectiveness as a human rights protection mechanism. The present article cannot address thoroughly with such complex issues. Rather, its aim is to offer an overview of recent developments subsequent to Protocol n° 14 to the Convention and to reflect upon prospects for deeper reforms with a view to streamlining the Court’s functioning in the ever-evolving European human rights protection context. A full understanding of these developments requires some historical perspective.

Keywords: European Court of Human Rights, Reform, Future developments

JEL Classification: K33