European Court of Human Rights

Edited by Helmut Philipp Aust, Professor of Public and International Law, Freie Universität Berlin, Germany and Esra Demir-Gürsel, Georg Forster Postdoctoral Research Fellow, Faculty of Law, Humboldt-Universität zu Berlin, Germany

• Contents:1 Introduction: The European Court of Human Rights – thepast in the present 1Helmut Philipp AustPART I CURRENT CHALLENGES OF THE COURT2 From boom to backlash? The European Court of HumanRights and the transformation of Europe 21Mikael Rask Madsen3 Principled resistance to the European Court of HumanRights and its case law: a comparative assessment 43Marten Breuer4 Can Strasbourg be replicated at a global level? A viewfrom Geneva 71Yuval ShanyPART II HISTORICAL PERSPECTIVES ON CURRENTCHALLENGES: THE DRAFTING HISTORY INCONTEXT5 The European Convention on Human Rights and postwarhistory: why origins matter 90Marco Duranti6 For the sake of unity: the drafting history of the EuropeanConvention on Human Rights and its current relevance 109Esra Demir-Gürsel7 Asylum and immigration under the European Conventionon Human Rights – an exclusive universality? 133Prisca FeihlePART III HISTORIES AS CASES AND IN THE CASES8 History as an afterthought: the (re)discovery of Article 18in the case law of the European Court of Human Rights 158Bașak Çalı and Kristina Hatas9 Rethinking effectiveness: authoritarianism, state violenceand the limits of the European Court of Human Rights 177Dilek Kurban10 ‘Never Again’ as a cornerstone of the Strasbourg system:the traces of the Holocaust in the jurisprudence of theEuropean Court of Human Rights 200Aleksandra Gliszczyńska-Grabias11 Historical truth before the European Court of Human Rights 221Björnstjern Baade12 The limits of the European Court of Human Rightsvis-à-vis contestation and authoritarianism: concludingobservations 244Esra Demir-GürselIndex 264

‘The volume provides an excellent tour de force through both the history of the ECtHR as well as the Court's dealing with histories in its case law. It poses questions to the core of the self-understanding, not only of the ECtHR but also for the legal and political scholarship on the Court. The multiplicity of voices assembled by the editors provide a rich and nuanced analysis, which does not fall into the trap of nostalgia but highlights the complex contexts in which the Court has, continues, and will operate in the future.’