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After the devastation of two world wars, Europe sought to prevent future conflict through new institutions-one of the most significant being the European Court of Human Rights. In this updated edition, Angelika Nussberger provides a comprehensive introduction to the Court, examining its mission, structure, procedures, and evolving jurisprudence.
The book explores how the Court has become a cornerstone of modern international and human rights law, while also facing mounting internal and external pressures. These include a surge in applications, political resistance to external criticism, and challenges in maintaining neutrality on contentious issues like migration and criminal justice. It also addresses tensions with national courts as well as attacks on the Court's authority by various actors.
This second edition also examines the impact of Russia's cessation as a party to the European Convention on Human Rights in 2022, as well as increasing resistance to implement judgements from nations such as Türkiye. Furthermore, it discusses recent landmark rulings on climate change and the reversal of its approach towards the protection of minorities in the Baltic States.
Through careful analysis of landmark cases-from
Lawless v. Ireland to
Klimaseniorinnen v. Switzerland- this book illustrates the Court's profound influence on European social and political discourse and ultimately asks whether the Court can continue to serve as "Europe's conscience" amid rising populism and shifting values.
List of contents
- 1: The Court and the New Europe after 1945
- 2: Organisation, Personnel, and Procedure
- 3: Convention Law and Basic Doctrine
- 4: The Court and Domestic and International Legal Systems
- 5: Judgments and Efficacy
- 6: Successes, Problems, and Potential
About the author
Angelika Nußberger is professor of international law, public law and comparative law at the University of Cologne and founding director of the Academy for European Human Rights Protection, Vice-President of the Constitutional Court of Bosnia and Herzegovina, member of the Venice Commission of the Council of Europe and the Institut de Droit International. She was a judge at the European Court of Human Rights elected on behalf of Germany from January 2011 to December 2019 and its Vice-President from February 2017 until the end of her mandate.
