Professor Geir Ulfstein (University of Oslo) will present on ‘The Principle of Subsidiarity in the Work of the European Court of Human Rights’ at the HSE Research Seminar on International Law

International courts and tribunals have been criticized for possessing too much power at the expense of domestic decision-making, i.e. that they represent too much internationalization. In addition, it has been claimed that they undermine political decision-making, through excessive judicialization. The European Court of Human Rights is among the courts that have been subject to such criticism. However, the increased power of this Court has been balanced by allowing member states some discretion in the implementation of the European Convention on Human Rights through the ‘margin of appreciation’, and to some extent also by emphasizing that it is not a ‘fourth instance’. This deference by the Court has been seen as an aspect of subsidiarity, i.e. to restrict internationalization. Moreover, the Court has distinguished between the review of decisions by different domestic constitutional organs, arguably as an aspect of the separation of powers, i.e. to restrict judicialization. On the other hand, the Court must ensure that the rights envisaged in the Convention are effectively protected and the rule of law respected.

In his presentation, Professor Ulfstein will discuss the Court’s use of subsidiarity and the separation of powers with the deference applied by domestic constitutional courts and ask, whether there is a sound basis for similarities and differences between the two forms of review.

About the speaker:

Geir Ulfstein is Professor of international law at the Department of Public and International Law, University of Oslo and Co-director of PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at University of Oslo. He has been Director of the Norwegian Centre for Human Rights, University of Oslo in 2004-2008. Professor Ulfstein has published in different areas of International Law, including the law of the sea, international environmental law, international human rights and international institutional law. He is General Editor (with Andreas Føllesdal) of two book series Studies on Human Rights Conventionsand Studies in International Courts and Tribunals (Cambridge University Press). Professor Ulfstein is President of the Norwegian Branch of the International Law Association, Co-chair of the International Law Association’s Study Group on the ‘Content and Evolution of the Rules of Interpretation’ and is Chair of the Scientific Advisory Board, Max Planck Institute for Procedural Law in Luxembourg. He  has been member of the Executive Board of the European Society of International Law in 2010-2016. Professor Ulfstein is also a member of the Norwegian Academy of Science and Letters.

December, 8 at 4:20 p.m. (Moscow time)

https://zoom.us/j/93498155457?pwd=SENlUGNsMHZTazdvV3VrV2FGanJ0Zz09

Meeting ID: 934 9815 5457

Passcode: 816981

Working language is English

On any questions related to the event, please, contact Ms. Yulia Kozlova: yvkozlova@hse.ru.