Follesdal, Andreas: The European Court of Human Rights as a vaccine against Authoritarian Populist Practices. 2024, (Wissenschaftskolleg zu Berlin). @misc{RN55686,
title = {The European Court of Human Rights as a vaccine against Authoritarian Populist Practices},
author = {Andreas Follesdal},
year = {2024},
date = {2024-01-01},
abstract = {After the Second World War, European governments committed themselves to constrain any future backsliding into totalitarianism. They therefore agreed to bind themselves – and their successor governments – to the European Convention on Human Rights (ECHR) and to be reviewed by its Court (ECtHR).
Several populist and authoritarian practices and governments in Europe over the last 20 years lead us to question whether the ECtHR is well-enough designed. In particular, how can it be improved as a vaccine against current movements against the rule of law, democracy, and human rights?},
note = {Wissenschaftskolleg zu Berlin},
keywords = {European Court of Human Rights, Margin of Appreciation, Policy advice, talk},
pubstate = {published},
tppubtype = {misc}
}
After the Second World War, European governments committed themselves to constrain any future backsliding into totalitarianism. They therefore agreed to bind themselves – and their successor governments – to the European Convention on Human Rights (ECHR) and to be reviewed by its Court (ECtHR).
Several populist and authoritarian practices and governments in Europe over the last 20 years lead us to question whether the ECtHR is well-enough designed. In particular, how can it be improved as a vaccine against current movements against the rule of law, democracy, and human rights? |
Follesdal, Andreas: In defense of deference: International human rights as standards of review. In: Journal of Social Philosophy, vol. 54, no. 4, pp. 526-547, 2023. @article{RN52180,
title = {In defense of deference: International human rights as standards of review},
author = {Andreas Follesdal},
doi = {10.1111/josp.12449},
year = {2023},
date = {2023-01-01},
journal = {Journal of Social Philosophy},
volume = {54},
number = {4},
pages = {526-547},
abstract = {Member states of the Council of Europe subject themselves to judicial human rights review by the European Court of Human Rights. That Court in turn defers sometimes to the judgments of domestic courts about compliance, granting them a margin of discretion, more so when it sees a European consensus. This complex practice can be justified based on arguments about comparative epistemic expertise, respect for democratic decision making, and the need to avoid undue judicial discretion – juristocracy. While this account supports the general practice, it points to certain weaknesses and areas of improvement: the rules to nominate and elect judges and members of the Registry of the Court, the doctrine of the margin of appreciation, and the rationales for a European consensus.},
keywords = {European Consensus, European Court of Human Rights, Human Rights, Margin of Appreciation},
pubstate = {published},
tppubtype = {article}
}
Member states of the Council of Europe subject themselves to judicial human rights review by the European Court of Human Rights. That Court in turn defers sometimes to the judgments of domestic courts about compliance, granting them a margin of discretion, more so when it sees a European consensus. This complex practice can be justified based on arguments about comparative epistemic expertise, respect for democratic decision making, and the need to avoid undue judicial discretion – juristocracy. While this account supports the general practice, it points to certain weaknesses and areas of improvement: the rules to nominate and elect judges and members of the Registry of the Court, the doctrine of the margin of appreciation, and the rationales for a European consensus. |
Follesdal, Andreas: How to improve on the margin of appreciation doctrine – perspectives from democratic theory the Margin of Appreciation as the Bridge Between the Universal Presence of Human Rights and Their Concrete Implementation. 2022, (University of Maastricht). @misc{RN54396,
title = {How to improve on the margin of appreciation doctrine - perspectives from democratic theory the Margin of Appreciation as the Bridge Between the Universal Presence of Human Rights and Their Concrete Implementation},
author = {Andreas Follesdal},
year = {2022},
date = {2022-10-01},
publisher = {University of Maastricht},
note = {University of Maastricht},
keywords = {Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: On the Margin of Appreciation doctrine –regional comparisons”. 2018, (International Journal of Constitutional Law ICON Panel Hong Kong). @misc{RN54486,
title = {On the Margin of Appreciation doctrine –regional comparisons”},
author = {Andreas Follesdal},
year = {2018},
date = {2018-06-01},
publisher = {International Journal of Constitutional Law ICON Panel},
note = {International Journal of Constitutional Law ICON Panel Hong Kong},
keywords = {Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Regional Human Rights Courts: protecting human rights or respecting state sovereignty – or both? The Margin of Appreciation Doctrine of the European Court of Human Rights as a model. 2016, (Bangkok Winter School on Human Rights, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Bangkok). @misc{RN54528,
title = {Regional Human Rights Courts: protecting human rights or respecting state sovereignty - or both? The Margin of Appreciation Doctrine of the European Court of Human Rights as a model},
author = {Andreas Follesdal},
year = {2016},
date = {2016-10-01},
publisher = {German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Bangkok Winter School on Human Right},
note = {Bangkok Winter School on Human Rights, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Bangkok},
keywords = {European Court of Human Rights, Human Rights, Margin of Appreciation, PhD Course, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Not Cairns but Crutches: Emerging European consensus – why it should matter for the margin of appreciation, and how.. 2016, (iCourts Workshop on the Margin of Appreciation and Democracy Copenhagen). @misc{RN54541,
title = {Not Cairns but Crutches: Emerging European consensus – why it should matter for the margin of appreciation, and how.},
author = {Andreas Follesdal},
year = {2016},
date = {2016-04-01},
publisher = {iCourts Workshop on the Margin of Appreciation and Democracy},
note = {iCourts Workshop on the Margin of Appreciation and Democracy Copenhagen},
keywords = {European Consensus, European Court of Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas; Tsereteli, Nino: The margin of appreciation in Europe and beyond – Special Issue. 2016. @book{RN50638,
title = {The margin of appreciation in Europe and beyond - Special Issue},
author = {Andreas Follesdal and Nino Tsereteli},
year = {2016},
date = {2016-01-01},
volume = {20},
series = {The International Journal of Human Rights},
abstract = {Is the margin of appreciation doctrine of the European Court of Human Rights (ECtHR) a promising model of deference by a regional human rights court towards democratic states? Or does this doctrine amount to an abdication by such courts from their proper tasks of protecting human rights against violations by states? This special section contributes to the ongoing scholarly debate about the margin of appreciation doctrine, originally developed by the ECtHR. It also explores the emergence of similar doctrines of deference in human rights adjudication outside Europe. The four articles also raise issues relevant for a broader debate about legitimacy and effectiveness of international courts. The authors cover a number of courts, well-established as well as relatively young ones, operating in different legal and political contexts. It allows reflecting on common as well as courtspecific reasons for exercising or avoiding deference.},
keywords = {European Court of Human Rights, Human Rights, International courts, Margin of Appreciation, Special issues},
pubstate = {published},
tppubtype = {book}
}
Is the margin of appreciation doctrine of the European Court of Human Rights (ECtHR) a promising model of deference by a regional human rights court towards democratic states? Or does this doctrine amount to an abdication by such courts from their proper tasks of protecting human rights against violations by states? This special section contributes to the ongoing scholarly debate about the margin of appreciation doctrine, originally developed by the ECtHR. It also explores the emergence of similar doctrines of deference in human rights adjudication outside Europe. The four articles also raise issues relevant for a broader debate about legitimacy and effectiveness of international courts. The authors cover a number of courts, well-established as well as relatively young ones, operating in different legal and political contexts. It allows reflecting on common as well as courtspecific reasons for exercising or avoiding deference. |
Follesdal, Andreas: Fragmentation and integration for better and worse: Assessing the doctrines of a Margin of Appreciation and of the Emerging European Consensus. 2015, (Conference on The Global Challenge of Human Rights Integration: Towards a User’s Perspective University of Ghent Ghent). @misc{RN54547,
title = {Fragmentation and integration for better and worse: Assessing the doctrines of a Margin of Appreciation and of the Emerging European Consensus},
author = {Andreas Follesdal},
year = {2015},
date = {2015-12-01},
publisher = {University of Ghent Conference on The Global Challenge of Human Rights Integration: Towards a User's Perspective},
note = {Conference on The Global Challenge of Human Rights Integration: Towards a User's Perspective University of Ghent Ghent},
keywords = {European Consensus, European Court of Human Rights, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Does The Margin of Appreciation Doctrine Benefit or Hinder the ECtHR’s Contribution to Democratic Transitions?. 2015, (PluriCourts and Koc University Workshop on The European Court of Human Rights: Promoter or Predator of Democratic Transitions? Istanbul). @misc{RN54559,
title = {Does The Margin of Appreciation Doctrine Benefit or Hinder the ECtHR's Contribution to Democratic Transitions?},
author = {Andreas Follesdal},
year = {2015},
date = {2015-09-01},
publisher = {PluriCourts and Koc University Workshop on The European Court of Human Rights: Promoter or Predator of Democratic Transitions?},
note = {PluriCourts and Koc University Workshop on The European Court of Human Rights: Promoter or Predator of Democratic Transitions? Istanbul},
keywords = {European Court of Human Rights, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Exporting Subsidiarity and the Margin of Appreciation: Lessons for the Inter-American Court of Human Rights. 2015, (IVR Workshop on International human rights courts: enhancers or enemies of democracy – or both? European and Inter-American perspectives Washington). @misc{RN54562,
title = {Exporting Subsidiarity and the Margin of Appreciation: Lessons for the Inter-American Court of Human Rights},
author = {Andreas Follesdal},
year = {2015},
date = {2015-07-01},
publisher = {IVR Workshop on International human rights courts: enhancers or enemies of democracy - or both? European and Inter-American perspectives},
note = {IVR Workshop on International human rights courts: enhancers or enemies of democracy - or both? European and Inter-American perspectives Washington},
keywords = {Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: On the ‘Emerging Consensus’ Doctrine. 2015, (PluriCourts workshop on Subsidiarity and the Margin of Appreciation” Oslo). @misc{RN54570,
title = {On the 'Emerging Consensus' Doctrine},
author = {Andreas Follesdal},
year = {2015},
date = {2015-06-01},
publisher = {PluriCourts workshop on Subsidiarity and the Margin of Appreciation”},
note = {PluriCourts workshop on Subsidiarity and the Margin of Appreciation” Oslo},
keywords = {Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: On Effectiveness, Subsidiarity and the Margin of Appreciation. 2015, (PluriCourts Annual Conference Oslo). @misc{RN54572,
title = {On Effectiveness, Subsidiarity and the Margin of Appreciation},
author = {Andreas Follesdal},
year = {2015},
date = {2015-05-01},
publisher = {PluriCourts Annual Conference},
note = {PluriCourts Annual Conference Oslo},
keywords = {Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: The European Court of Human Rights: Between Scylla and Charybdis? Does subsidiarity and the margin of appreciation help the Court protect international human rights and respect sovereignty – or neither?. 2015, (University of Leuven Seminar on Sovereignty, Belgium). @misc{RN54576,
title = {The European Court of Human Rights: Between Scylla and Charybdis? Does subsidiarity and the margin of appreciation help the Court protect international human rights and respect sovereignty - or neither?},
author = {Andreas Follesdal},
year = {2015},
date = {2015-03-01},
publisher = {University of Leuven Seminar on Sovereignty,},
note = {University of Leuven Seminar on Sovereignty, Belgium},
keywords = {European Court of Human Rights, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: The European Court of Human Rights: Between Scylla and Charybdis? Does subsidiarity and the margin of appreciation help the Court protect international human rights and respect sovereignty – or neither?. 2015, (Queen Mary University Conference on Transnational federalism London). @misc{RN54582,
title = {The European Court of Human Rights: Between Scylla and Charybdis? Does subsidiarity and the margin of appreciation help the Court protect international human rights and respect sovereignty - or neither?},
author = {Andreas Follesdal},
year = {2015},
date = {2015-02-01},
publisher = {Queen Mary University Conference on Transnational federalism},
note = {Queen Mary University Conference on Transnational federalism London},
keywords = {European Court of Human Rights, federalism, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: The Principle of Subsidiarity and the Margin of Appreciation Doctrine of the European Court of Human Rights. 2014, (German-Southeast Asian Center for Public Policy and Good Governance Winter Course on Human Rights Bangkok). @misc{RN54585,
title = {The Principle of Subsidiarity and the Margin of Appreciation Doctrine of the European Court of Human Rights},
author = {Andreas Follesdal},
year = {2014},
date = {2014-11-01},
publisher = {German-Southeast Asian Center for Public Policy and Good Governance Winter Course on Human Rights},
note = {German-Southeast Asian Center for Public Policy and Good Governance Winter Course on Human Rights Bangkok},
keywords = {European Court of Human Rights, Human Rights, Margin of Appreciation, PhD Course, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Does the margin of appreciation reduce the democratic deficit of the European Court of Human Rights?”. 2014, (Prague). @misc{RN54599,
title = {Does the margin of appreciation reduce the democratic deficit of the European Court of Human Rights?”},
author = {Andreas Follesdal},
year = {2014},
date = {2014-05-01},
note = {Prague},
keywords = {European Court of Human Rights, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Subsidiarity to the Rescue for the European Court of Human Rights? Resolving tensions between the Margin of Appreciation and Human Rights Protection. 2014, (University of Luxembourg Workshop on Philosophical Foundations of Federalism Luxembourg). @misc{RN54601,
title = {Subsidiarity to the Rescue for the European Court of Human Rights? Resolving tensions between the Margin of Appreciation and Human Rights Protection},
author = {Andreas Follesdal},
year = {2014},
date = {2014-05-01},
publisher = {University of Luxembourg Workshop on Philosophical Foundations of Federalism},
note = {University of Luxembourg Workshop on Philosophical Foundations of Federalism Luxembourg},
keywords = {European Court of Human Rights, federalism, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Subsidiarity to the Rescue? Resolving tensions between the Margin of Appreciation and Human Rights Protection. 2014, (Conference on Shifting Centres of Gravity in European Rights Protection Rekjavik). @misc{RN54606,
title = {Subsidiarity to the Rescue? Resolving tensions between the Margin of Appreciation and Human Rights Protection},
author = {Andreas Follesdal},
year = {2014},
date = {2014-03-01},
publisher = {Conference on Shifting Centres of Gravity in European Rights Protection},
note = {Conference on Shifting Centres of Gravity in European Rights Protection Rekjavik},
keywords = {Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: Appreciating the Margin of Appreciation in the European Court of Human Rights. 2014, (PluriCourts Workshop on Margin of Appreciation Paris). @misc{RN54608,
title = {Appreciating the Margin of Appreciation in the European Court of Human Rights},
author = {Andreas Follesdal},
year = {2014},
date = {2014-02-01},
publisher = {PluriCourts Workshop on Margin of Appreciation},
note = {PluriCourts Workshop on Margin of Appreciation Paris},
keywords = {European Court of Human Rights, Human Rights, Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|
Follesdal, Andreas: The Margin of Appreciation. 2013, (Arctic University of Norway Tromsø). @misc{RN54634,
title = {The Margin of Appreciation},
author = {Andreas Follesdal},
year = {2013},
date = {2013-01-01},
publisher = {Arctic University of Norway},
note = {Arctic University of Norway Tromsø},
keywords = {Margin of Appreciation, talk},
pubstate = {published},
tppubtype = {misc}
}
|