Article en détail     N° 2017/111    Page : 669
<< Retour  

The honor of the European Court of Human Rights that was lost than found

Président émérite de la Cour constitutionnelle belge
Chargé de cours honoraire de l’Université libre de Bruxelles et de l’Université de Liège

13 dcembre 2016 - Cour eur. dr. h., Gde Ch., Paposhvili c. Belgique

With its Grand Chamber arrest N. v. United Kingdom of 27 May 2008, the European Court of Human Rights had launched a case-law that had caused disapproval of a great part of the doctrine, provoked disagreement within the Court and demonstrated that on certain issues, national courts can « do better », which article 53 of the European Convention allows. The stakes were not minors: would a right as fundamental as the one forbidding inhuman or degrading treatment be eroded by budgetary concerns? The Court got the message: in Grand Chamber and unanimously, the Court went back on its case law. Hopefully the other Europe will not wipe out article 53 which has shown in this case the fruitful dialogue of the judges it favors.