Convention through states’ eyes

Ondertitel:embedding of the European Convention on Human Rights in states parties

The European Convention on Human Rights entered into force in 1953 at a time when Europe was a war-shattered continent. Since its creation, the European Court of Human Rights has issued close to 25,000 judgments and decided on around a million applications. In her dissertation, Sarah Lambrecht explores the different ways States have embedded the European Convention on Human Rights in their legal systems, how well States comply with the Convention standards, and what factors explain why differences between States remain so significant. Lambrecht first tracks how States have engaged with the development of the Convention system and how they have contributed to the consolidation of its core functions—individual justice, supervision of States and the setting of a European minimum standard of rights protection. Next, she details the gradual embedding of the Convention system in national legal systems. Particular attention is paid to the evolutions that contributed to the rise in importance of the Convention system for the protection of fundamental rights in Europe, as well as the influence of the constitutional design and traditions of States on the embedding process. In the third part, Lambrecht develops a model for measuring the level of embeddedness of the Convention system in Sates, both in law and in practice. Based on several indicators, she evaluates the level of legal embeddedness, as well as the performance of States before the European Court of Human Rights. Based on the findings of the first two parts, she also identifies the different factors—grounded in constitutional traditions and design, or beyond the law—that might affect the embedding process. In closing, she discerns several patterns and classifies these patterns in different models of embedding. Lambrecht’s findings, based on a comparative study of 43 States Parties, show how the European Convention on Human Rights has never been more firmly embedded. Nevertheless, the consolidation of its embedding in national legal systems is under pressure due to criticism of overreach, political unwillingness to embrace limits on sovereignty and democratic backsliding. The more these counter-dynamics influence States’ behaviour, the likelier the deep level embedding of the Convention system will be affected.

Jaar van publicatie:2022

Trefwoorden:Doctoral thesis

Toegankelijkheid:Closed