Current Developments

A further “constitutionalization” to the detriment of the individual?

On the ECtHR’s stricter reading of the principle of subsidiarity regarding the admissibility of cases

When the ECtHR presented its most recent statistics at the beginning of this year, at first glance this looked like a huge success: The number of pending applications before the Court are down at 56’250, as compared to 79’750 in 2016. Looking back to 2011, when the Court docket had reached its peak with almost 152’000 pending applications, the difference is even more striking. Moreover, last year, the Court managed …

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Current Developments

Examining the Legal Anomalies Created by Inconsistencies between the European Convention on Human Rights and the Dayton Constitution

On 15th February, 2016, Bosnia and Herzegovina (hereinafter Bosnia) applied for membership to the European Union. It has since seen little progress towards achieving this goal, which is heavily due to the incompatibilities of its Constitution with the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention). While Bosnia’s application for EU membership has brought these incompatibilities to the fore, this issue dates back to …

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