Recent challenges to the judicial independence of the European Court of Human Rights: rationale and available remedies

Recenti sfide all’indipendenza della Corte Europea dei Diritti dell’Uomo: ratio e possibili rimedi

Abstract

This work explores emerging challenges to the independence of the judiciary at supranational level, focusing on the European Court of Human Rights. While the scholarship has given much attention to national-level attacks on judicial independence, recently developed ways to influence the Court’s decision-making reveal a troubling new dimension. What happens when it is the independence of supranational bodies (that should protect independence at national level) that is challenged? Are there enough safeguards against such challenges? Are these challenges effective? If not, why are they even carried out?

Keywords: Judicial independence; Rule of law; Interpretation; ECtHR; Living constitution