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The European Court of Human Rights between Law and Politics$
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Jonas Christoffersen and Mikael Rask Madsen

Print publication date: 2011

Print ISBN-13: 9780199694495

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199694495.001.0001

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The European Court of Human Rights after 50 Years

The European Court of Human Rights after 50 Years

(p.98) 6 The European Court of Human Rights after 50 Years
The European Court of Human Rights between Law and Politics

Anthony Lester

Oxford University Press

The chapter reconsiders the past of the ECtHR with a view to addressing its possible future in the context of its current challenges. The chapter opens with an overview of the original ECHR system and the merits of its dual system of a Commission and Court. Against the background of the reforms merging the Commission and Court, it analyses the problems the increasingly unbalanced ECHR system is now facing both legally and institutionally. It particularly addresses the problem of the independence of the Court in respect of both the national nomination of judges and the actual case management. It finally examines the problem of the growing caseload and the repeated proposals for limiting individual application before the Court, arguing that limiting individual petition is not a suitable solution. The real problem is structural and institutional.

Keywords:   original ECHR system, reform of the system, merger of commission and court, imperative of further reform

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