Síofra O'Leary est invitée par l'assemblée du Collège de France sur proposition de la Pr Samantha Besson.
Síofra O'Leary has been invited by the Collège de France assembly at the suggestion of Pr Samantha Besson.
The theme of my talk - What future for the European Court of Human Rights ? - is intended to inspire reflection in these troubled times in Europe, marked by the war raging in Ukraine, the retreat of the rule of law, democratic erosion and the creeping societal polarization in our societies.
My contribution will highlight the main developments of the Convention in the past, tracing the way in which the Court's case law has contributed to the protection of European public order (I), and explain the challenges of the present, in particular the high and growing number of pending cases, the systemic or repetitive nature of many violations of the Convention and the widening range of litigation with which the Court is confronted, as well as the problems associated with the conflicts currently taking place within the Convention's legal area (II). Finally, I will attempt to offer some important points for reflection or vision for the future (III).
If the aim of the Council of Europe and the Convention system is" to establish a community public order of the free democracies of Europe in order to safeguard their common heritage of political traditions, ideals, freedom and the rule of law " (see Austria v. Italy, 1961), it is worth asking whether, today, we are enabling the Convention system and the Strasbourg Court to perform their essential function within Europe.
While the question of the future of the Strasbourg Court has given rise to many institutional and academic debates in the past, it would be difficult for me to take stock of the various proposals and predictions in a single intervention, and I will not attempt to do so.
My intention will simply be to draw on an overview of the successes and challenges of the past and present, in order to invite the audience to a deeper and more authentic reflection on the way forward for the Convention system and for the Court, a way forward adapted to the needs of our democracies.
I will not seek to call into question the various reforms introduced before and during the Interlaken Process, nor, above all, the right of individual petition which forms the cornerstone of the Convention system. However, I will follow in the footsteps of some of my predecessors as President of the Court, including President Costa, in calling for a reflection on the future role of the European Court of Human Rights that goes beyond mere questions concerning pragmatic solutions to conjunctural problems (sometimes falling under the heading of " tinkering "), adjustments to judicial formations, the management of cases and procedure, and so on.
