The Dawn of Article 18 ECHR – A Safeguard Against European Rule of Law Backsliding?

  title={The Dawn of Article 18 ECHR – A Safeguard Against European Rule of Law Backsliding?},
  author={F. Tan},
  journal={The Law Behind Rule of Law Transfers},
  • F. Tan
  • Published 2019
  • Law
  • The Law Behind Rule of Law Transfers
This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting the rights enshrined in the European Convention for any other purpose than provided for in the Convention. In this contribution, the author argues, based on a combination of textual, systematic and purposive interpretations of Article 18, that the provision is meant to safeguard against rule of law… 
3 Citations

The new doctrine on misuse of power under Article 18 ECHR: Is it about the system of contre-pouvoirs within the State after all?

The case-law on Article 18 of the European Convention on Human Rights has been evolving recently in a dramatic fashion. This evolution, which shaped a new doctrine on the misuse of power, focuses on

Why Attacks on Civic Space Matter in Strasbourg: The European Convention on Human Rights, Civil Society and Civic Space

This article explores the role of the European Convention on Human Rights in addressing the issue of attacks on civic space, but also the potential effects of shrinking civic space on Strasbourg’s

In the Name of the European Club of Liberal Democracies: On the Identity, Mandate and National Buffering of the ECtHR's Case Law

The ECtHR is under observation. The Copenhagen Declaration has called on the Convention States to evaluate its case law in order to decide on further reform. But what are the yardsticks for such an



The Rule of Law and the Importance of Procedure

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like

Merabishvili v. Georgia: Has the Mountain Given Birth to a Mouse?

The wait for those of us looking for much needed answers to understand what direction and coherence the Grand Chamber of the European Court of Human Rights would give to its nascent Article 18 case

The United Kingdom, ECtHR Application No. 5310/71, Judgment of

    The Committee of Ministers Goes Nuclear: Infringement Proceedings Against Azerbaijan in the Case of Ilgar Mammadov

      241-242; more extensively, see C. Brettschneider, 'Of the Rule of Law: Nonarbitrary Treatment and the Limits of Procedure

      • Getting to the Rule of Law
      • 2011

      Evidentiary Rules of the ECHR in Proceedings Relating to Articles 2, 3 and 14 -A Critique', 2 Inter-American and European

      • Human Rights Journal
      • 2009

      Case Note: Merabishvili v

      • European Human Rights
      • 2018

      Mammadov and Targeted Criminal Proceedings: Recent Developments under Article 18 ECHR

        The Morality of Law (1969), as summarized by Waldron, ibid