Sul settantesimo anniversario della Convenzione europea: fra successi e prospettive di alterazione del sistema

Abstract

In this paper it is submitted that an assessment of the functioning of the European system of protection of human rights lead to different results, depending on whether one considers the entire life of this system or the last twenty years (par. 1). Such an assessment is beyond any doubt positive in the first case, insofar as both the action of the States parties (progressive "jurisdictionalisation" of the protection system; extension to eastern Europe, ecc.) and the case law of the European Court (evolutive interpretation, ecc.) are concerned (par. 2). Different considerations are developed with regard to the last twenty years, despite the stipulation of Protocol 14, 15 and 16, and despite the progressive "constitutionalisation" of the system. In fact, one can not neglect the negative attitude of some important State parties towards the execution of ECtHR judgments; the current misuse of Inter-State applications; the conservative stance taken by the Court with regard to some crucial legal issues concerning the relationship between human rights principles and some traditional rules of international law. The just mentioned circumstances lead to conclude that the future of the European System could be less bright than its past (par.3).