The interim measures of the European Court of Human Rights and the decline of the rule of law

Abstract

The European Court of Human Rights has begun to adopt interim measures regarding a broader range of violations than it traditionally has. This article links this trend to the current deterioration of the rule of law in Europe, as these measures concern, for example, judicial independence, pluralism and freedom of the press, as well as institutional checks and balances. In such cases, there is evident concern not only for the specific irreparable harm that applicants may suffer, but also for the impact on society as a whole. However, in a context of rule of law breakdown, these interim measures face resistance from States. This has led the Court to modify the procedure for their adoption to increase transparency and respond to some of the criticisms received, although without fully achieving this goal.