Procedural Review by the European Court of Human Rights - a Typology
In this MultiRights seminar Professor Janneke Gerards will present her paper "Procedural Review of the European Court of Human Rights - a Typology". The speaker is professor of European Law and head of the department of European and International Law at the Radbound University.
The European Court of Human Rights (ECtHR) has often emphasised the importance of substantive reasonableness review of limitations of Convention rights. The Court often evaluates the substance of the arguments that have been exchanged before the national courts or in the national legislative process, and it examines if these arguments can serve to justify an interference with a Convention right. Regardless of the overriding importance of proportionality review and balancing to the Court’s argumentation, it is equally clear that, over the past years, the Court increasingly has taken a procedural turn. This is especially manifest in its case-law related to positive obligations, which often are procedural in nature.
This ‘procedural turn’ taken by the European Court of Human Rights is extremely interesting, raising many questions that have, as yet, remained unanswered. Such questions relate in particular to the legitimacy of procedural review and the possibilities for its practical use. The paper aims to fill this gap by searching for a typology of elements of procedural review in the case-law of the ECtHR.
The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.