University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

379

Pages:

1
Author:

Nam B.

Name : Date : 1. What is the ECtHR’s role in promoting the rule of law across Europe? Answer: It acts as a supranational arbiter ensuring states comply with ECHR obligations. It scrutinizes national laws for legality, accessibility, and foreseeability, thereby embedding human rights and rule of law standards into domestic systems. 2. How does the ECtHR assess the legality of national laws? Answer: Legality involves both the existence and quality of law. The Court looks at whether laws are accessible, foreseeable, and compliant with human rights, not merely whether they are formally enacted. 3. What significance does the “Big Brother Watch” case have for privacy rights? Answer: It established that laws on secret surveillance must be clear and detailed to avoid arbitrary state action. This reinforces foreseeability and legal clarity as essential rule of law components. 4. How does the ECtHR enforce compliance with its judgments? Answer: Through mechanisms like the Committee of Ministers’ supervision, interim measures, and just satisfaction awards. These ensure ongoing accountability and encourage systemic reforms in member states.