Tasks of the Court and methods of interpretation

Question 1

What is the subsidiarity principle?

Answer 1

1. 1st national authorities
2. 2nd ECtHR
3. Art. 32
4. Court is ultimate instance (art. 35)

Question 2

What makes the ECHR a ‘special treaty’?

Answer 2

1. More than just reciprocal engagements - Collective enforcement of HR
2. Aim is to achieve greater unity between MS
3. How? By maintaining and further realizing the protection of HR
4. Does not require uniformity but a minimum level of protection

Question 3

What is the purpose of the ECtHR?

Answer 3

1. To give individual justice to the applicants
2. Not fourth instance!
3. To develop, elucidate and safeguard the rules instituted by the Convention - Art. 30, 37(1) and 40:
   - Because of growing case-load - PJP
   - Case-bound interpretation and general interpretation
4. No trias politica - No legislator:
   - Takes long to change legislation
   - The Court changes it the rules

Question 4

What is the methodology of the Court?

Answer 4

1. Interpretation of the scope - What means what
2. Compliance - With the provisions

Not necessarily seperated

Question 5

Where do you find the rules that govern interpretation?

Answer 5

1. Vienna Convention - Art 31 to 33:
   - Good faith
   - In accordance with the ordinary meaning
   - In their context
   - In light of its object and purpose
2. General principles set up by the Court:
   - Principle of effectiveness
   - Principle of evaluative interpretation

Question 6

What is the principle of effectiveness?

Answer 6

Convention rights must be practical and effective:

- In law and in practice

Question 7

What is the principle of evaluative interpretation?

Answer 7

1. In present-day conditions
2. Because ECHR is a living instrument
3. Must take into account consensus, culture and history amongst the MS
4. In this, the court uses the consensus/comparative method of interpretation

Question 8

What are the different methods of interpretation?

Answer 8

1. Grammatical:
   - Ordinary or autonomous meaning
2. Historical:
   - What has been said before the adoption?
3. Systematic:
   - Take the Convention as a whole
   - There must be consistency between the different provisions
4. Comparative:
   - Look for consensus