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21 Law & Prac. Int'l Cts. & Tribunals 244 (2022)
The Failure to Destroy the Authority of the European Court of Human Rights: 2010-2018

handle is hein.journals/lpict21 and id is 245 raw text is: THE LAW AND PRACTICE OF INTERNATIONAL BRILL COURTS AND TRIBUNALS 21 (2022) 244-277 N IJ H O F F brill.com/lape The Failure to Destroy the Authority of the European Court of Human Rights: 2010-2018 Alec Stone Sweet I ORCID: 0000-0002-7603-6910 Chair of Comparative and International Law, The University of Hong Kong, Hong Kong Corresponding Author alec.sweet@yale.edu Wayne Sandholtz ORCID: 0000-0002-8314-0038 John A. McCone Chair in International Relations, Professor of International Relations and Law, University of Southern California, Los Angeles, CA, USA wayne.sandholtz@usc.edu MadsAndenas I ORCID: 0000-0002-4411-4427 QC; Professor of Law, University of Oslo, Oslo, Norway mads.andenas@jus. uio.no Abstract In the 2010-2018 period, certain Member States of the Council of Europe engaged in an unprecedented attempt to undermine the authority of the European Court of Human Rights. The United Kingdom and Denmark, supported by critics in academia, notably sought to institutionalise the principles of subsidiarity and the margin of appreciation as formal deference doctrines. In a series of High Level Conferences, a large majority of Member States repudiated these efforts, leaving the basics of the Court's powers intact. Despite scholarly efforts to demonstrate the contrary, our analy- sis does not confirm that the Court has walked-back rights, or retreated from its basic jurisprudential orientations. Rather, the Court has sought to address its dilemma of effectiveness through inter-judicial dialogue and complex forms of proceduralization. Keywords European Court of Human Rights - Brighton and Copenhagen Summits - proceduralization - margin of appreciation © KONINKLIJKE BRILL NV, LEIDEN, 2022 1 DOI:10.1163/15718034-12341474

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