The Role of the ECtHR in Guiding or Facilitating Legislative Reforms in Structural Problems

In this MultiRights seminar, researcher Nino Tsereteli will talk about recent efforts of the European Court of Human Rights (ECtHR) to trigger and facilitate parliamentary engagement in solving structural problems identified in its judgments.

Tsereteli's paper clarifies preconditions for the ECtHR’s resort to a disaggregated approach, allowing it to single out legislatures as those responsible for implementation. It seeks to discern modalities of the ECtHR’s involvement (specifically, the requirements related to the substance, process and timing of legislative activity it poses) and variation in the room for maneuvre left to the implementing body. While it makes a case for the facilitation of parliamentary engagement by the ECtHR, the paper also reflects on limitations of this approach.

Having assessed national responses, the paper highlights two possible consequences of applying this proactive approach, namely dialogue between the ECtHR and national parliaments and backlash of the latter against the former. It suggests that the interaction between the ECtHR and national parliaments is influenced by whether legislative activity is only part of the solution or also part of the problem. In the end, it suggests ways of reducing the risk of backlash and increasing the chances of dialogue.

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.

Tags: Human Rights
Published Oct. 26, 2015 7:40 AM - Last modified Apr. 18, 2016 1:38 PM