New Misuse of Power Factsheet
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.