New Misuse of Power Factsheet
16 December 2024 // Preprint Issue 3/2024
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

On 14 November 2024, the Council of Europe published a new factsheet summarising the ECtHR’s case law on Article 18 ECHR, which limits the use of restriction on human rights guaranteed in the Convention. Article 18 ECHR ensuring that restrictions on rights and freedoms are applied only for purposes authorised by the Convention itself. It thus plays a central role in preventing the misuse of power by states. Article 18 ECHR is rarely invoked and the ECtHR found violation of this article rarely. However, if violations take place, the provision can have important effects, such as for the award of compensations by national authorities and legal reforms to strengthen the independence of the judiciary.

News Guide

Council of Europe European Court of Human Rights Human Rights Issues

Author

2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Institution:
Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Department:
Public Law Department

Position:
Senior Researcher