State Third-party Interventions before the European Court of Human Rights. The ‘What’ and ‘How’ of Intervening
Source
Journal Européen des Droits de l'Homme = European Journal of Human Rights, 2016, 5, (2016), pp. 539-560ISSN
Publication type
Article / Letter to editor
Display more detailsDisplay less details
Organization
Onderzoekcentrum voor Staat en Recht
Journal title
Journal Européen des Droits de l'Homme = European Journal of Human Rights
Volume
vol. 2016
Issue
iss. 5
Languages used
English (eng)
Page start
p. 539
Page end
p. 560
Subject
Principles of Public Law; Grondslagen van het publiekrechtAbstract
One of the third parties that can intervene before the European Court of Human Rights (Court) are the states parties to the European Convention on Human Rights themselves (ECHR). Although state third-party interventions can be a way for the states to cooperate and to enter into a dialogue with the Court, these interventions have received little attention in the debate about the relationship between the Court and the states of the past years. This article focuses solely on such interventions from two perspectives. It describes first the ‘what’ of intervening, including the categories of cases that attract interventions, the content of the interventions and the Court’s references to the interventions, based on the 59 cases in which states have intervened so far under Article 36(2) ECHR. After that, the article gives reasons why states do (in practice) intervene and why they should intervene (from a normative perspective). Recommendations as to how these interventions can be stimulated are given in the final part of the article.
This item appears in the following Collection(s)
- Academic publications [238586]
- Electronic publications [122804]
- Faculty of Law [25525]
- Open Access publications [97790]
Upload full text
Use your RU credentials (u/z-number and password) to log in with SURFconext to upload a file for processing by the repository team.