European Court of Human Rights and its Discontents

Edited by Spyridon Flogaitis, Department of Law, European University Cyprus, Tom Zwart, Professor, Utrecht University School of Law and Julie Fraser, Assistant Professor, Netherlands Institute of Human Rights, Utrecht University, the Netherlands

• Contents:Foreword H.E. Ivo Opstelten1. Introduction: The Need for Both International and National Protection of Human Rights – The European ChallengeAnthony Bradley2. Criticism and Case-overload: Comments on the Future of the European Court of Human RightsLuzius Wildhaber 3. The European Court of Human Rights and its Ever-growing Caseload: Preserving the Mission of the Court While Ensuring the Viability of the Individual Petition SystemPaul Mahoney 4. Is the European Court of Human Rights on a Slippery Slope?Marc Bossuyt5. Why Much of the Criticism of the European Court of Human Rights is UnfoundedEgbert Myjer6. Challenges Facing the European Court of Human Rights: Fragmentation of the International Order, Division in Europe and the Right to Individual PetitionLucian Bojin 7. Britain Must Defy the European Court of Human Rights on Prisoner Voting as Strasbourg is Exceeding its Authority David Davis8. More Human Rights than Court: Why the Legitimacy of the European Court of Human Rights is in Need of Repair and How it Can be DoneTom Zwart9. The Vital Relationship between the European Court of Human Rights and National CourtsWilhelmina Thomassen10. The Need for Dialogue between National Courts and the European Court of Human RightsLord Kerr11. Interaction between the European Court of Human Rights and Member States: European Consensus, Advisory Opinions and the Question of LegitimacyKanstantsin Dzehtsiarou12. Amicus Curiae as a Means to Reinforce the Legitimacy of the European Court of Human Rights Nicole Bürli13. How to Improve the Results of a Reluctant Player: The Case of Russia and the European Convention on Human RightsAnton Burkov 14. Solutions for the European Court of Human Rights: The Amicus Curiae ProjectJanneke Gerards and Ashley Terlouw 15. An All-European Conversation: Promoting a Common Understanding of European Human Rights András Sajó16. Conclusion: The European Convention on Human Rights as a Common European EndeavourJulie FraserIndex

'This collection of essays on the ECHR is very welcome and the editors did a great job in gathering and assembling all of them, avoiding overlapping contributions but guaranteeing the presence of different points of view. . . I do recommend reading this work.'--Giuseppe Martinico, Common Market Law Review