The practice of the European Court of Human Rights when striking out applications
Document Type
Journal Article
Publication Title
Netherlands Quarterly of Human Rights
Publisher
Sage Publications Inc
School
School of Business and Law
RAS ID
26344
Abstract
his paper analyses how the European Court of Human Rights has applied Article 37 of the European Convention on Human Rights that gives it the power to strike out pending cases in the current context of an overwhelmed Court by individual applications. This article shows that the Court’s interpretation of Article 37, while being casuistic and pragmatic, has evolved along the principles of subsidiarity and procedural justice and that the Court has used its discretion, notably to end cases regarding the expulsion of migrants. Yet this tool has not been a way of disposing repetitive applications which account for half of the pending cases.
DOI
10.1177/0924051917752417
Access Rights
subscription content
Comments
Lambert Abdelgawad, E. (2018). The practice of the European Court of Human Rights when striking out applications. Netherlands Quarterly of Human Rights, 36(1), 7-23. Available here