The European Court of Human Rights—Can there be too much Success?

Abstract

Abstract During its more than 60 years of operation, the European Court of Human Rights has proven to be a real beacon for many individuals. Through its case law, it has contributed to the development of human rights law as well as to the development of the principles of the rule of law and of democracy in Europe. However, the Court faces two central problems: the caseload it has to deal with and challenges to its authority and legitimacy. The present contribution will study the history and the achievements of the Court, and address the challenges and the Court’s response to them. The latter has particularly included measures aimed at making its working methods more effective and attempts to increase awareness of its subsidiary role within the Convention protection system, especially regarding its approach to the review of decisions of national authorities. In this context, the development of the principle of process-based review in the Court’s jurisprudence is examined. What will characterize the Convention system in the future is closer cooperation between the Court and national courts. Whether this will effectively lead to an increased protection of human rights on the ground remains to be seen. It is not only for the Court to earn such confidence through its work, but also for others to maintain a climate in which that confidence can continue to be enjoyed.