Gavin Howe
Strasbourg case law refers to the case law of the European Court of Human Rights (ECtHR), which covers a wide range of subjects arising from the application of the provisions of the European Convention on Human Rights (ECHR) and its protocols. The ECtHR is the best-known body of the Council of Europe, which enforces the ECHR. The case law of the ECtHR has had a significant impact on the legal and political systems of the 47 contracting parties to the ECHR, influencing the protection of human rights in Europe and the preservation of fundamental human rights.
| Characteristics | Values |
|---|---|
| Established | 21 January 1959 |
| Basis | Article 19 of the European Convention on Human Rights |
| Judges | Perform their duties in an individual capacity and are prohibited from having institutional ties with the state |
| Judges | Cannot hear or decide a case if they have a familial or professional relationship with a party |
| Judges | Can be dismissed from office only if other judges decide by a two-thirds majority that the judge has ceased to fulfil the required conditions |
| Jurisdiction | Cases that raise serious questions of interpretation and application of the European Convention on Human Rights, a serious issue of general importance, or which may depart from previous case law can be heard in the Grand Chamber |
| Applicability | The case law covers a wide range of subjects arising out of the application of the provisions of the European Convention on Human Rights and its protocols |
| Impact | The case law has made a positive contribution to the protection of human rights in Europe |
| Impact | The case law has provided remedies to persons whose rights have been violated |
| Impact | The case law has encouraged contracting states to modify their legislation or case law |
| Impact | The case law has played a role in upholding the rights of victims |
| Impact | The case law has led to national criminal justice reform |
| Impact | The case law has led to legal assistance reforms in France, Scotland, Belgium, the Netherlands, and Ireland |
| Impact | The case law has identified structural problems in civil, criminal, and administrative proceedings in countries that are otherwise stable and well-functioning democracies |
| Impact | The case law has led to the development of a more capacious understanding of the Convention's domestic remedies provision |
| Impact | The case law has expanded the Court's remedial powers, issuing rulings that require states to provide specific non-monetary reparation |
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What You'll Learn
The European Court of Human Rights (ECtHR)
The case law of the ECtHR covers a wide range of subjects that arise from the application of the provisions of the European Convention on Human Rights (ECHR) and its protocols. The ECtHR is concerned with declaring violations of the Convention against individuals and matters concerning the proper implementation of the Convention and its protocols and the factual execution of its judgments. The ECtHR has played a role in upholding the rights of victims and providing remedies to those whose rights have been violated. For example, in the case of Salduz v Turkey, the ECtHR's ruling led to custodial legal assistance reforms in France, Scotland, Belgium, and the Netherlands.
The ECtHR's judgments can modify and overturn the rulings of domestic courts. When the ECtHR finds that a decision violates one or more Convention rights, states must restore the complainant's position to what it was before the violation. The ECtHR has also acted as a first-instance tribunal when domestic authorities have refused or failed to investigate human rights abuses.
The ECtHR is composed of judges who perform their duties independently and are prohibited from having any institutional ties with the state in which they were elected. To ensure the court's independence, judges cannot participate in activities that may compromise its independence and cannot hear or decide on a case if they have a familial or professional relationship with a party.
The ECtHR has been criticised for its workload and the delayed execution of its judgments. However, its case law has been recognised as having made a positive contribution to the protection of human rights in Europe.
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ECtHR's role in upholding victims' rights
The European Court of Human Rights (ECtHR) was established on 21 January 1959 based on Article 19 of the European Convention on Human Rights. The court is responsible for ensuring that contracting states uphold the engagement undertaken by the convention and its protocols.
The ECtHR plays a crucial role in upholding the rights of victims by providing a platform for individuals to seek justice when their human rights have been violated. The court's case law, known as Strasbourg case law, has set important precedents that guide the interpretation and application of the European Convention on Human Rights.
One example of the ECtHR's role in upholding victims' rights can be seen in its approach to absent witness evidence. In cases such as Gabrielyan v. Armenia and Lučić v. Croatia, the court has held that authorities have a duty to secure the attendance of witnesses, even if they are located in another country. This ensures that victims have the opportunity to confront their accusers and challenge their testimony.
Additionally, the ECtHR has considered the use of telephone recordings as evidence in a criminal trial. In the case of Mr Seton, who was on trial for murder, the court held that the use of telephone recordings as evidence, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6 of the ECHR. The court's judgment considered the significance and reliability of the evidence, as well as the prejudice that the applicant would face due to their inability to challenge the witness.
The ECtHR's role in upholding victims' rights extends beyond individual cases. The court's judgments create binding precedents that guide national courts in interpreting and applying the European Convention on Human Rights. This ensures that victims' rights are protected and promoted across Europe, providing a consistent framework for the protection of fundamental human rights.
However, it is important to note that the ECtHR has faced criticism for its focus on accurate verdicts rather than solely on upholding individual rights. Some argue that the court may be surrendering its role as an upholder of fundamental human rights and moving towards functioning as an international criminal appeal court.
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ECtHR's impact on national criminal justice reform
The European Court of Human Rights (ECtHR) was established in 1959 based on Article 19 of the European Convention on Human Rights. The court is responsible for ensuring that contracting states uphold their commitments under the Convention and its protocols.
The ECtHR has had a significant impact on national criminal justice reform. Firstly, it has contributed to the development of a robust body of case law that provides guidance to national courts on interpreting and applying the Convention. This case law has helped shape national legal frameworks and policies, particularly in addressing violations of the Convention, such as inhuman and degrading treatment.
Secondly, the ECtHR has played a crucial role in addressing systemic issues within national criminal justice systems. For example, the Court's rulings have prompted reforms to reduce the negative impacts of policing, pretrial practices, and sentencing disparities. The Court's judgments have also influenced the development of strategies to reduce criminal behaviour and recidivism, with a focus on evidence-based interventions.
Additionally, the ECtHR's decisions have shed light on the excessive use of punitive measures, such as mass incarceration, and their disproportionate impact on certain racial and ethnic groups. This has led to a shift in national dialogue and policy approaches, with a growing recognition of the need to address racial disparities and excessive punishment.
Furthermore, the Court has promoted the importance of access to justice and fair trial rights. This includes challenging issues such as wrongful convictions, inadequate legal representation, and the impact of criminal records on individuals' lives. By upholding fair trial rights, the ECtHR has contributed to reforms that enhance the accuracy and fairness of criminal justice processes.
While the ECtHR has had a notable impact on national criminal justice reform, it has also faced challenges, including a significant caseload and the need for continuous reforms to improve efficiency. Nonetheless, the Court remains a vital mechanism for upholding human rights and promoting justice system improvements across Europe.
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ECtHR's relationship with national parliaments
The European Court of Human Rights (ECtHR) has a complex and evolving relationship with national parliaments. The ECtHR is responsible for enforcing the European Convention on Human Rights (ECHR), which was established in 1950 and ratified by the United Kingdom in 1951. The ECHR outlines a set of binding legal principles and rights that constrain the legislative authority of national parliaments.
One key aspect of the ECtHR's relationship with national parliaments is its practice of affording states a "margin of appreciation." This concept allows the Court to consider the quality of parliamentary processes and assess the extent to which national parliaments are complying with human rights principles. While there is ambiguity in how the Court engages with this assessment, there are repeated considerations and approaches across case law that provide a basis for understanding the Court's framework.
National parliaments play a significant role in the functioning of the European Union (EU) and have a cooperative relationship with the European Parliament. The Lisbon Treaty, for example, enhanced the role of national parliaments by involving them in procedures for revising treaties and evaluating EU policies. National parliaments have acquired powers of scrutiny over their governments' EU activities and work closely with the European Parliament to influence policy-making and ensure democratic principles.
The principle of subsidiarity is a crucial aspect of the relationship between the ECtHR and national parliaments. National parliaments can assess whether new legislative proposals comply with the principle of subsidiarity, which determines whether action should be taken at the EU level or by individual member states. This process, known as the subsidiarity control mechanism, allows for effective cooperation and dialogue between the ECtHR and national parliaments.
Overall, the ECtHR's relationship with national parliaments is characterized by a delicate balance between enforcing human rights principles and respecting the legislative authority of individual countries. The Court's practice of affording a margin of appreciation and the application of the subsidiarity principle are key mechanisms that shape this dynamic and evolving relationship.
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ECtHR's rulings on human rights violations
The European Court of Human Rights (ECtHR) in Strasbourg, France, is the highest authority on human rights issues for those countries that have ratified the European Convention on Human Rights (ECHR). The Court interprets and applies the Convention in concrete cases brought before it, and its rulings are binding on the concerned state. This body of case law, known as 'Strasbourg case law', has had a profound impact on the development and understanding of human rights law in Europe.
The ECtHR has handed down numerous landmark rulings on a wide range of human rights issues, developing and clarifying the rights protected under the Convention. For example, in the area of freedom of expression, the Court has ruled on cases concerning defamation, hate speech, and the protection of journalists' sources. In the field of privacy, the Court has addressed issues such as the right to be forgotten and the protection of personal data. The Court has also dealt with sensitive issues such as the prohibition of torture, the right to life, and the application of these rights in times of terrorism and national emergency.
One of the key aspects of Strasbourg case law is its interpretation of the Convention in light of changing social and political circumstances. The Court has often taken an expansive approach, recognizing that the protection of human rights must evolve to remain effective. This has led to the development of new rights and the extension of existing ones to cover new situations. For instance, the Court has recognized a right to same-sex marriage under the Convention, interpreting the right to respect for private and family life in a way that reflects changing social attitudes towards LGBT rights.
The ECtHR's case law also provides important guidance to states on how to interpret and apply the Convention at the national level. The Court's rulings often address not only the specific facts of an individual case but also broader issues of domestic law and practice. For example, in cases concerning prison conditions, the Court might not only find a violation of the prohibition of inhuman or degrading treatment but also provide guidance on the steps states should take to improve conditions, such as reducing prison overcrowding or improving sanitation.
The impact of Strasbourg case law goes beyond the direct parties to the Convention. The Court's interpretations of human rights often influence other international and regional human rights mechanisms, as well as national courts and tribunals. This body of case law is a powerful tool for holding states accountable to their human rights obligations and for promoting and protecting human rights more broadly.
The ECtHR continues to develop and refine its case law, addressing new and emerging human rights challenges. Its rulings remain a vital source of authority and guidance for anyone interested in human rights law, practice, and policy in Europe and beyond.
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Frequently asked questions
Strasbourg case law refers to the case law of the European Court of Human Rights (ECtHR).
The ECtHR enforces the European Convention on Human Rights (ECHR) and ensures its observance by member states of the Council of Europe.
Strasbourg case law is binding only as a matter of international law and only upon the parties to the dispute. However, Strasbourg case law can modify and overturn the rulings of domestic courts when the ECtHR concludes that a state has violated an individual's Convention rights.
Domestic courts are generally prohibited from going against Strasbourg case law. However, in certain circumstances, domestic courts can go beyond Strasbourg case law by developing the law in relation to Convention rights based on the principles established in that law.
