Sul (possibile) utilizzo della CEDU come argine alle sistemiche violazioni dello Stato di diritto

On the (possible) use of the ECHR as a bulwark against systemic violations of the rule of law

Abstract

Starting from the current crisis of democracy and the rule of law in a few European countries and by the weak response of the European Union institutions, the article tries to analyze how the European Convention on Human Rights – in particular articles 17 and 18 ECHR – can be used as instruments to protect these fundamental values from the threats of the new illiberal democracies.

Keywords: Rule of law backsliding; European Union; European Convention on Human Rights; Art. 17 ECHR; Art. 18 ECHR.