The Succes Story of the European Court: The Times They are A-Changin’?

Date01 September 2012
Published date01 September 2012
AuthorEgbert Myjer
DOI10.1177/016934411203000302
Subject MatterColumn
Netherlands Q uarterly of Human R ights, Vol. 30/3, 264–271, 2012.
264 © Netherlands I nstitute of Human R ights (SIM), Printed in the Ne therlands.
COLUMN
THE SUCCES STORY OF
THE EUROPEAN COURT: THE TIMES
THEY ARE A-CHANGIN’?*1
E M**
1. Europe’s court jesters. at is how the lead article i n the British newspaper e
Times of 19 April 2012 referred to the European Court of Human Rights. at day
was the rst day of the so -called High Level Con ference on the Future of the European
Court of Human Rig hts (also referred to as t he Brighton Conference). e headlines
were in the boldest bold: Europe’s court jesters. And in smal ler bold letters: Britain
threatens exit from European Cour t of Human Rights as Home Oce mix-up over
deadline lets Abu Qatada win again. A large photo of a number of Judges from the
Court – part of t he ocial photo of the members of the Court – completed the scene,
with the subtitle: Sir Nicolas Bratza, president of the court, centre-front, said that ‘no
magic wand’ would emerge f rom today’s conference.
On page 2 (leading articles), the newspaper reportedly elaborated on the theme
under the headline: Justice delayed: e European C ourt of Human Rights is too oen
a brake on justice. It needs urgent reform to speed up its work if Britain is to continue
to respect its authority. On page 6, the newspaper paid some further attention to the
Brighton Conference by publishing an inter view with Sir Nicolas Bratz a, in which
they quote him saying: ‘I understand the frust ration, but it doesn’t mean the court
is wrong’ with the subtitle: Hostility is damaging and ill-informed, says the British
president of the human right s court. A photo of the president completed the interview,
with the caption, Sir Nicol as Bratza: ‘a lot of myths have been spread about this court .
On page 6 and 7, there is also a photo of the full C ourt, plus rather cynical ha lf-truth
comments on several Judges of the Cour t, who had ruled in cases against t he United
Kingdom. On page 7 Jonathan Fisher QC then writes his comments on ‘A disservice
to the cause of human rights’.
2. I must admit that at rst I d id not know what to think about e Times
reporting. My rst reaction was to feel oended, shocked and disturbed. But then
rational thought took over: was t his another example of the ty pical British sense of
* For the younger reader s: e Times ey Are a-Cha ngin’ is singer-songwriter Bob D ylan’s third
studio albu m, released in Januar y 1964 by Columbia Records.
** Judge of the Europea n Court of Human Ri ghts, elected in respe ct of e Netherlands, 1Novemb er
2004 – 31October 2012

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