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Human rights

European Court of Human Rights Faces Criticism from Top Officials

Strategic Insights

— 1 min read

Belgian Prime Minister Bart De Wever has quietly circulated a confidential plan among European leaders to limit the influence of the European Court of Human Rights, with veteran lawyer Marc Bossuyt at the forefront of the initiative. Bossuyt, a former chair of the UN Commission on Human Rights, has accused the court of "judicial activism" and suggested that governments should appoint more restrained judges to the bench. He also recommends that governments intervene collectively in cases before the court to raise awareness about the importance of the issues at stake.

Key Takeaways:

  • Marc Bossuyt, a 81-year-old Belgian lawyer, has proposed a plan to limit the European Court of Human Rights' influence, circulated by Belgian Prime Minister Bart De Wever among European leaders.
  • Bossuyt, a former chair of the UN Commission on Human Rights, has accused the court of "judicial activism" and suggested governments should appoint more restrained judges to the bench.
  • He recommends governments intervene collectively in cases before the court to raise awareness about the importance of the issues at stake.
  • Bossuyt specifically criticizes the court's handling of Article 3 case law, related to the prohibition of torture, inhuman, or degrading treatment or punishment.
  • He suggests amending the European Convention on Human Rights, but notes this would be difficult and has been done in the past with a protocol, number 15, in 2013, giving more national flexibility.
  • Bossuyt, author of Right to Asylum: Between Demagogy and Hypocrisy, remains optimistic the court can be changed, citing a shift in public opinion.

Statistics:

  • 9 countries, including Austria, Belgium, the Czech Republic, Estonia, Latvia, Lithuania, and Poland, signed an open letter criticizing the court's handling of asylum cases.
  • The letter also notes that many more countries have expressed similar concerns, including the UK.
  • Protocol 15, amendment to the European Convention on Human Rights, was adopted in 2013.

Sources:

  • Italy and Denmark's open letter to European leaders, May
  • "Right to Asylum: Between Demagogy and Hypocrisy" by Marc Bossuyt, Hart Oxford, 2023
  • United Nations Commission on Human Rights proceedings

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