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  • Print publication year: 2016
  • Online publication date: December 2017

Annex 1 - Questionnaire

from APPENDIX

Summary

CRITICISM OF THE EUROPEAN COURT OF HUMAN RIGHTS

  • To what extent is there criticism of the European Court of Human Rights regarding its interpretation of the Convention, its functioning and its legitimacy (a) in the media, (b) in academia, (c) in the political world and (d) in the judiciary?

  • Is the lack or presence of criticism linked to the status of the Convention and the ECtHR judgments in the national legal system? Why?

  • Has there been a recent surge in criticism? If so, what sparked this?

  • Is this criticism widespread and/or permanently present or only sporadic and/or temporary? Why?

  • Is this criticism aimed at specific judgments or is it more systemic, namely aimed at the general mechanisms of interpretation, general functioning or overall legitimacy of the European Court of Human Rights?

  • If there is a significant difference in the amount and nature of criticism of the European Court of Human Rights in the different fields (media, academia, politics and judiciary), does this cause any specific tensions at the national level? Has this had any effects on their interrelationship?

  • COUNTER-DYNAMICS AT THE POLITICAL LEVEL

    POLITICS AND THE CONVENTION SYSTEM

  • To what extent is the Convention system part of the political/electoral debate?

  • Do parties have distinct views on the (reform of the) European Court of Human Rights and the European Convention on Human Rights? If so, what are they? Are they one of the core points of the political party's manifesto/identity?

  • Have the political parties’ positions evolved? For instance, have they become increasingly in favour for reforming the European Court of Human Rights or become increasingly euro-sceptic or euro-friendly? If so, why?

  • POLITICAL STRATEGIES AT THE EUROPEAN LEVEL: REFORM OF THE CONVENTION SYSTEM

  • What was the position of the national government in the build-up to the Brighton Conference in April 2012 concerning the reforms needed to the Convention system? Was this position beforehand and/or afterwards discussed in the national parliament? If so, to what extent and did this reveal differences in opinion between the political parties and majority v. opposition?

  • To what extent did the government and parliament agree with the UK Draft of the Brighton Declaration?