Between 2015 and 2017, France, Turkey and Ukraine, as member states of the European Convention on Human Rights, declared a state of emergency according to Art. 15 ECHR. The events associated with the suspension of Convention rights show the current significance of the legal standardisation of political and social states of emergency. In the end it is all about the question of who ultimately controls the state of emergency: the sovereign state, the state community with a supranational judicial control, or both in terms of a horizontal overlapping of powers in the European multi-level system?
Art. 15 ECHR still leaves unanswered questions to which the Strasbourg organs have responded over the years with a differentiated jurisprudence and with the granting of a certain margin of discretion. The book deals with these issues in the light of ECtHR case law and case studies on France, Turkey and Ukraine.
A missed opportunity? Derogation and the African Court case of APDF and IHRDA v Mali