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

2024
Views:

390

Pages:

2
Author:

Nam B.

Name : Date : 1. How does the ECtHR conceptualize the rule of law in its jurisprudence? Answer: The Court sees the rule of law as both a substantive and procedural concept tied to the protection of individual rights. It ensures not just formal legality, but that laws meet qualitative standards—such as accessibility, foreseeability, and the prevention of arbitrary interference. The ECtHR intertwines the rule of law with human dignity, treating it as a prerequisite for a just legal system. 2. What role does legality play in ECtHR’s interpretation of rights? Answer: Legality is a threshold condition: for state actions to be lawful under the European Convention, they must be based on laws that are clear, accessible, and foreseeable. For example, the Court evaluates not just whether a law exists, but whether its language and enforcement practices allow individuals to regulate their conduct accordingly, thus avoiding unpredictable or abusive state behavior. 3. Why is foreseeability important in the ECtHR’s view of legal standards? Answer: Foreseeability ensures citizens can understand the consequences of their actions and know the boundaries of lawful behavior. It also restrains the state from retroactively penalizing individuals. This principle was vital in cases like Big Brother Watch v. UK, where the ECtHR ruled that laws on secret surveillance lacked the precision to protect against arbitrary interference. 4. How does the Court assess the quality of national laws? Answer: Beyond mere existence, the Court assesses laws' quality through three lenses: accessibility, foreseeability, and legal safeguards. These ensure that laws do not serve as formal covers for abuse. In Kononov v. Latvia, for instance, the Court emphasized that international customary law must also be knowable and anticipatable to those it binds, even if not published. 5. What control mechanisms does the ECtHR use to enforce its judgments? Answer: The ECtHR relies on the Committee of Ministers for enforcement. States must submit action plans, undergo follow-up reviews, and may face resolutions or public criticism for non-compliance. Although the Court lacks direct enforcement power, its moral authority, reputational costs, and the legal duty under Article 46 ECHR form a powerful compliance ecosystem. 6. How does the ECtHR manage the tension between national sovereignty and supranational authority? Answer: The ECtHR respects the principle of subsidiarity—national courts are the first line of defense. But it intervenes when domestic remedies fail. It avoids imposing uniform standards mechanically, instead adapting its rulings to legal pluralism while demanding minimal universal rights guarantees across all member states. 7. What are the sanctions for non-compliance with ECtHR rulings? Answer: The Court itself cannot impose penalties, but consequences include reputational damage, political pressure, and—where applicable—financial compensation (just satisfaction awards). These include pecuniary damages, non-pecuniary damages (like emotional suffering), and costs and expenses, determined based on the severity and scope of the violations.