Assessing the ECtHR’s Effectiveness
from Part II - Kurdish Lawyers, the Turkish State and the ECtHR
Published online by Cambridge University Press: 30 October 2020
Summarising the book's main research findings, Chapter 7 argues that while part of the explanation for the persistence of human rights problems in Turkey lies in endogenous political and social factors, the ECtHR's effectiveness has also been impeded by the ECHR system itself in two distinct ways. First, the ECtHR did not make full use of its review powers in overseeing Turkey. Second, Council of Europe members failed to resort to available sanctioning mechanisms due to Turkey's geostrategic importance. Kurdish legal mobilisation has been adversely affected by these endogenous and exogenous factors, as well as Kurdish lawyers’ failure to develop a collaborative litigation practice and tendency to favour professional politics over legal work. The chapter concludes with reflections on the book's research findings for academic scholarship and the ECtHR practice. Arguing that the effectiveness of supranational courts can best be measured on the basis of their actual impact on authoritarian regimes, the chapter concludes with a call for the revision of existing theories on the basis of empirical research on the ECtHR's engagement in countries such as Turkey, Russia, Poland and Hungary.
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