The political aspect of inter-state litigation before the European Court of Human Rights

Abstract

From its outset the Inter-State Applications procedure was conceived as the most effective means to put an end to human rights violations, guaranteeing compliance with the European Convention of Human Rights. Nevertheless, with time, this remedy has evolved differently from that envisaged by its authors, becoming only a secondary mecha-nism of the Convention. Today, the overwhelming majority of cases before the European Court of Human Rights (hereafter ,, the ECtHR”) are individual applications. Since its creation, the Strasbourg Court has considered thirty State applications, with only eight of them reaching a judgement on the merits. Still, the number of interstate cases currently being referred to the ECtHR demonstrates their growing relevance. In light of the above, this article shall touch upon the reasons and consequences of this phenomenon.