From High Hopes to Scepticism? Human Rights Protection and Rule of Law in Europe in an Ever More Hostile Environment

Abstract

The chapter argues that the dynamics inherent in the European Convention system can pose a problem to legal certainty. The first pillar of the analysis is the double link between the Strasbourg system of human rights protection and rule of law. On the one hand the Court contributes to developing the concept of rule of law by elaborating standards on the basis of concrete cases. On the other hand the Court is a major player in the international legal system and has to abide itself by the principles it develops. The second pillar of the analysis is what may be called ‘high hopes’ linked to the human rights protection system, in particular during the 1950s and the 1990s. The question arises why some member states have changed their attitude and look at European human rights protection with a critical attitude. Tensions between human rights and rule of law seem to be a relevant aspect in this respect.