Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-dfsvx Total loading time: 0 Render date: 2024-04-27T17:27:31.599Z Has data issue: false hasContentIssue false

The Jurisprudence of the European Court of Human Rights in 2018

from PART III - CoE

Published online by Cambridge University Press:  24 January 2020

Stefan Kieber
Affiliation:
University of Salzburg
Get access

Summary

ABSTRACT

The contribution will give an overview of the European Court of Human Rights ‘(ECtHR) most important judgments and decisions in 2018, that is to say judgments and decisions that contributed to the development or the clarification of the Court's case law in a considerable way. Those judgments covered a broad range of issues such as preventive detention, secret surveillance measures, defence rights, the limits of the right to freedom of expression, the rights of opposition politicians or the rights of the surviving relatives of deceased individuals. the ECtHR also had to discuss some provisions of the European Convention on Human Rights (ECHR) which had not been dealt with oft en so far in its case law, for example Article 15 (derogation in time of emergency), Article 18 (limitation on use of restrictions on rights) or Article 32 ECHR (jurisdiction of the Court). In general, the Court still faces big challenges on account of its workload. the observance of the subsidiarity principle remains the key to the Convention system's success.

INTRODUCTION

Due to recent political changes and especially the increasing coming into power of populists in the Council of Europe (CoE) Member States, a worrying trend towards the acceptance of serious constraints of fundamental values such as the principle of rule of law, democracy and human rights can be observed. the right to liberty, the right to privacy, freedom of expression and press freedom are only some of the human rights that are at stake in that connection. In 2018, the ECtHR again contributed in an important manner to the strengthening of human rights protection with regard to those and other rights, as can be seen from the overview in section 2.

As statistics show, of the 42,761 applications disposed of judicially in 2018, 40,023 applications were declared inadmissible or struck out of the list of cases by decision of a single judge, Committee, Chamber or Grand Chamber, which amounts to a decrease of 43% compared with 2017. Around 33,200 of them were decided by a single judge (a decrease of 50% compared with 2017), 6,650 by Committees of three judges, 200 by Chambers and one by the Grand Chamber (Berlusconi v Italy).

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×