CEU Electronic Theses and Dissertations, 2022
| Author | Jasmin Rauch |
|---|---|
| Title | The Role of the European Court of Human Rights |
| Summary | The European Court of Human Rights is one of the most important international institutions to protect human rights in Europe. As a result of the emphasis on subsidiarity during the reform process and the adoption of Protocol No. 15, the Court is said to be in an “Age of Subsidiarity. At the same time, a “procedural turn” has been indicated in the Court’s case-law referring to an increased use of procedural-type review which focuses on quality of the decision-making process at the legislative, administrative, and judicial stages when assessing whether a violation of Convention rights occurred. A link between the emphasis on subsidiarity and the “procedural turn” can be presumed. Consequently, the question arises if the Court is still fulfilling its role in protecting human rights while adopting a procedural approach with regard to the principle of subsidiarity. A focus will be placed on analyzing the implications the procedural approach has on the protection of human rights by discussing a concrete example from the Court’s case law and pointing to the potential risks for human rights protection in general. |
| Supervisor | Eszter Polgári |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/rauch_jasmin.pdf |
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