European Institute

Prof Philippe Sands (UCL Laws) and Prof Richard Bellamy (UCL Public Policy) comment on recent British reactions to the ECtHR.

Human rights and Europe: Down to the Wire

Britain’s campaign to change the ECHR is about to be tested
14 Apr 2012 | The Economist

Many in Britain and elsewhere think the ECtHR has grown too big for its boots. The reforms currently proposed under British Chairmanship of the ECtHR would lighten the court’s load in part by tightening criteria for accepting cases and amending the convention to give national judicial systems more wriggle room. Some fear these measures would reduce not only the court’s workload but also its power. That power,As Philippe Sands argues, may not be vital in countries like Britain and Germany, but vital in states where, in the absence of an independent and effective local judiciary, “the court serves as a first and a last resort for individuals who are subject to real and extensive abuses.”

Read the full article here.

U.K.’s Fight to Deport Cleric Mirrors Old European Feuds

By Kit Chellel
24 April 2012 | Bloomberg

The U.K. hosted a summit last week on the future of the European Court of Human Rights even as relations were strained by a dispute over extraditing terrorism suspect Abu Qatada. Qatada’s case, in which he claims evidence obtained through torture will be used against him, has revived old arguments about Europe’s role in British affairs. Prime Minister David Cameron wants to limit the ECtHR’s remit; other British politicians want to go further and ignore the court’s rulings altogether. Yet the perception that the ECtHR tells the U.K. what to do is wrong, argues Richard Bellamy in this article. Less than 2 percent of cases the court heard since 1966 have resulted in local rulings being overturned. “Those very small number of cases that go against us is probably a salutary thing. It makes people think,” Bellamy said.

Read the full article here.