European Court of Human Rights Pushes Back Against Overreach Allegations

Strategic Insights -

The European Court of Human Rights (ECHR) has faced criticism for its handling of asylum and immigration cases, with some European countries questioning its interpretation of the European Convention on Human Rights. However, in a statement, Council of Europe Secretary General Alain Berset defended the court, emphasizing its independence and the importance of protecting fundamental rights. Berset's comments come as nine Council of Europe member states, including Italy, Denmark, and Poland, have called for a review of the court's interpretation of the convention, arguing that it hinders national politicians' ability to make decisions on migration issues.

Key Takeaways:

  • The European Court of Human Rights has faced criticism for its handling of asylum and immigration cases, with some countries questioning its interpretation of the European Convention on Human Rights.
  • Council of Europe Secretary General Alain Berset defended the court, stating that institutions that protect fundamental rights cannot be subjected to political pressure.
  • Nine Council of Europe member states, including Italy, Denmark, and Poland, have signed a letter criticizing the Strasbourg court for tying national politicians' hands on migration issues.
  • The letter called for a "new and open-minded conversation" about how the court interprets the convention.
  • Democracies must remain open to reflection, but caution is urged in how such discussions are approached.
  • The European Convention on Human Rights is not an EU body, but part of the larger Council of Europe, to which Britain is also a member.
  • The convention was drafted with the aim of protecting fundamental rights and preventing the rise of fascism and communism.

Statistics:

  • 9 Council of Europe member states have signed the letter criticizing the Strasbourg court (Austria, Belgium, Czech Republic, Estonia, Latvia, Lithuania, Poland, and Italy and Denmark).
  • The Council of Europe has 46 member states, all of which are signatories to the Convention.
  • 27 EU member states belong to the Council of Europe, and are signatories to the Convention.

Sources:

  • "European court denies overreaching on asylum and immigration" (May 25)
  • EurActiv website (first obtained a copy of the letter criticizing the Strasbourg court)
  • Alain Berset, Secretary General of the Council of Europe, statement (exact wording: "Institutions that protect fundamental rights cannot bend to political cycles")