ASSEDEL
Safeguarding human rights through judicial independence and dialogue: an exclusive interview with former ECtHR judge Paulo Pinto de Albuquerque
As the European Court of Human Rights faces increasing challenges, former Portuguese judge Paulo Pinto de Albuquerque offered an inside view on the court and its protection system, drawing on his direct working experience in the institution and analysing the changes that occurred after his mandate came to an end.
Is the court losing credibility?
In his article, judge Pinto de Alburquerue analysed the criticisms faced by the court: on one side it is accused to act as a subsidiary legislator, while on the other to have lost sight of actual human rights and interpreting the convention beyond reasonable limits. In proposing reforms, which were sadly not fully implemented, he highlighted the importance of transparency, judicial independence and institutional accountability. Particularly, he stresses the need for greater publicity in the Court’s decision-making process, including the publication of documents submitted by parties and third parties, as well as information on case allocation and the identity of reporting judges. In his view, these measures would strengthen the Court’s credibility and accountability.
Russia’s expulsion from the Convention and the increasing backsliding affecting European democracies: there is still hope for a brighter future Addressing broader challenges to the European human rights system, Pinto de Albuquerque expresses regret over Russia’s expulsion from the European Convention on Human Rights, emphasising that the Convention provides an essential additional layer of protection for individuals, which they now lack. However, on a happier note, although we are witnessing an increase in judicial capture, he states that “there is always room to reverse a difficult situation, and we should still believe in the system”. He thus remains optimistic that European societies can return to the founding principles of the Council of Europe: the promotion of democracy and the protection of human rights. Moving on, judge Pinto de Albuquerque reflected on the relationship between the ECtHR and other national and international bodies, namely the Committee of Ministers and Parliamentary Assembly of the Council of Europe. While emphasising that the Court must preserve its independence, he underlines the value of dialogue and cooperation between institutions. He highlights as well the importance of maintaining strong ties with universities and legal scholars, whose research and feedback can enrich judicial reasoning and strengthen the Court’s work. Overall, his message to those working towards the protection of fundamental rights is one of hope: despite the challenges facing European democracies, the human rights protection system remains a remarkable achievement that must be actively safeguarded through transparency, cooperation and a shared commitment to its founding values.
