Coping with Crisis: Whither the Variable Geometry in the Jurisprudence of the European Court of Human Rights

  • This article offers a new take on the diagnosis of the crisis of the European human rights system by focusing on the diversification of the attitudes towards the European Court of Human Rights by national compliance audiences, namely domestic executives, parliaments, and judiciaries. This diagnosis holds that national compliance audiences of the European Court of Human Rights can no longer be characterized as lending overall support to the human rights acquis of Europe, that centers around the European Court of Human Rights as the ultimate authoritative interpreter of the Convention. Instead, alongside states that continue to lend overall support to the Court’s authority over the interpretation of the Convention, two new attitudes have developed towards the Convention across the Council of Europe. First, there are now national compliance audiences that demand co-sharing of the interpretation task with the European Court of Human Rights. Second, there are national compliance audiences that flaunt well-established Convention standards, not merely by error, or lack of knowledge of adequate application, but with suspect grounds of intentionality and lack of respect for the overall Convention acquis. Following this diagnosis, I argue that instead of holding on to a business as usual attitude, the Court has also developed coping strategies in order to handle this fragmentation by investing in a human rights jurisprudence of a variable geometry, recognizing differentiation in the individual circumstances of states as a basis for human rights review.

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Metadaten
Document Type:Article
Language:English
Author(s):Başak Çalı
Parent Title (English):Wisconsin International Law Journal
Publication year:2018
Publishing Institution:Hertie School
First Page:237
Last Page:276
Release Date:2020/01/23
Volume:35
Issue:2
Hertie School Research:Centre for Fundamental Rights
Licence of document (German):Metadaten / metadata
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