The Principle of Systemic Integration in the Jurisprudence of the European Court of Human Rights: A Critical Examination
in: Contemporary Perspectives on Law: Roundtable Talks, Samet Tatar ve Aysun Bolaca, Editor, Filiz Kitabevi, İstanbul, pp.39-54, 2022
- Publication Type: Book Chapter / Chapter Research Book
- Publication Date: 2022
- Publisher: Filiz Kitabevi
- City: İstanbul
- Page Numbers: pp.39-54
- Editors: Samet Tatar ve Aysun Bolaca, Editor
- Ankara Yıldırım Beyazıt University Affiliated: Yes
Abstract
How to interpret an international treaty? Who can interpret it? Should one interpret the treaty in accordance with the changing circumstances or would that be an interference with the member states’ sovereignty? Such questions have been significant in the interpretation of the European Convention on Human Rights (ECHR or the Convention) since it came into force on 3 September 1953. The European Court of Human Rights (ECtHR or the Court) has developed varied methods in interpreting its constitutional treaty, the ECHR, over the decades. One of these methods which is adopted by the ECtHR is called ‘the principle of systemic integration’. According to this principle, the Court closely engages with other relevant international human rights instruments while interpreting its constitutional agreement. This article examines the Court’s jurisprudence in the cases Đorđević v Croatia and Demir and Baykara v Turkey and discusses the extent to which, if any, the Court’s engagement with other relevant instruments constitutes a threat to the sovereignty of the Contracting States.