Human Rights in Exceptional Times: Trends in Derogations Regimes among the Council of Europeâs Members, and the Responses of the European Court of Human Rights

StÃ©phanie Lagoutte

Jump to Content

Chapter 9 Human Rights in Exceptional Times: Trends in Derogations Regimes among the Council of Europeâs Members, and the Responses of the European Court of Human Rights

In: European Yearbook on Human Rights 2024

Author:

StÃ©phanie Lagoutte

StÃ©phanie Lagoutte
Search for other papers by StÃ©phanie Lagoutte in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 244â277

DOI:: https://doi.org/10.1163/9789004708389_010

Purchase instant access (PDF download and unlimited online access):

â¬42.00â¬35.00Â excl. VAT

Add to Cart

Redeem Access Token

Abstract

This contribution analyses how States have made use of the derogation regime offered by the ECHR in recent different circumstances, ranging from invasion of their territory by a foreign army to energy shortages or contagious diseases. Facing exceptional circumstances, European States have chosen different paths. Some States derogate, others manage by further restricting rights, within the framework of ordinary laws, and in a manner that they find proportionate to the protection of public order and security. The border between extraordinary and ordinary regimes becomes blurred. Traditionally, the ECtHR gives latitude to the Statesâ decisions to proclaim a state of emergency and derogate. Consequently, the ECtHR almost never adjudicates on the material legality of the derogation. A limited assessment of the exceptional situation by the ECtHR may take place through the control of the legality and the proportionality of the individual measures taken. However, the control exercised in the recent Turkish cases mostly focuses on the existence of procedural and remedy safeguards within the realm of Articles 5 and 6 securing the maintaining of the rule of law in emergency regimes. In recent French cases, the ECtHR has chosen to assess the emergency measures as ordinary limitations on the freedom of movement. This contribution shows that the control of the decision to enter an extraordinary human rights regime is more limited than ever, which may prompt a need to strengthen political control of the content of the decision to derogate, including of the repeated extension of derogation.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004708389/BP000010.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

European Yearbook on Human Rights 2024

Series:Â European Yearbook on Human Rights, Volume: 1

E-Book ISBN:: 9789004708389

Publisher:: Brill | Nijhoff

Print Publication Date:: 07 Mar 2025

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Law: Regional Perspectives

Front Matter

Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	632	567	257
Full Text Views	10	10	2
PDF Views & Downloads	13	11	1

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 9 Human Rights in Exceptional Times: Trends in Derogations Regimes among the Council of Europeâs Members, and the Responses of the European Court of Human Rights

Abstract

Citation Info

Share link with colleague or librarian

European Yearbook on Human Rights 2024

Table of Contents

Metrics

Metrics

Chapter 9 Human Rights in Exceptional Times: Trends in Derogations Regimes among the Council of Europeâs Members, and the Responses of the European Court of Human Rights