With nearly half of all judges at the European Court of Human Rights lacking experience as a judge in their home countries before appointment, the quality of judges at the court and its legitimacy are being questioned. Growing concerns surround the influence of foreign academics, diplomats, and civil servants on policy-making, with some critics labeling it a 'Polanski agenda' in reference to President Zach Polanski. The Strasbourg-based court has been linked to controversial decisions that have sparked debates, questioned decisions made by the UK government, raised corruption allegations, and caused a stir over litigation rules. The ECHR's future is threatened by potential Brexit, with reforms being pursued to limit the court's jurisdiction to decrease illegal migrations and foreign criminal enforcement.
Nearly half of judges at the European Court of Human Rights (ECHR) lacked experience as a judge in their home countries before being appointed. The analysis revealed that 19 out of 44 justices had no prior judicial experience upon joining the Strasbourg-based court full-time.
Among them were career academics, civil servants, and diplomats with no experience of presiding over a case. Furthermore, two of the 46 judges, representing each of the member countries, were designated 'ad hoc' judges despite having no previous judicial experience in their countries.
Lord Blencathra, a member of the Parliamentary Assembly of the Council of Europe, expressed concern about the quality of judges, stating that some of them had never tried a case in their lives and would struggle to teach in some of the worst polytechnic universities. He also questioned the credibility of the court's rulings, comparing its judges to those of the UK's Supreme Court.
The European Court of Human Rights, responsible for interpreting the European Convention on Human Rights, has a total of 46 judges. In April 2024, the court sparked controversy by ruling that Switzerland had violated the human rights of its citizens by not taking sufficient action against climate change. In June 2022, it blocked the UK's deportation scheme for illegal migrants and foreign criminals due to a 11th-hour interim injunction issued by an unknown judge.
Additionally, ECHR judges must be proposed by member nations and voted on by the Parliamentary Assembly of the Council of Europe. Currently, Sir Keir Starmer's government is signaling a 'political declaration' aimed at limiting the ECHR's effect on illegal migrants and foreign criminals.
However, critics argue that previous declarations have had limited impact, and the treaty's text remains unchanged
European Court Of Human Rights Judges Experience Polanski Agenda Zack Polanski Judicial Appointments Whole-Life Sentences Prisoner Voting Climate Change Deportation Scheme Political Declaration Brexit Member States Parliamentary Assembly Council Of Europe European Union
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