International Human Rights Law ♦ Winter 2026

The Past and the Future of the European Court of Human Rights

Philip Sales

The past and the future of the European Court of Human Rights (ECtHR) is a substantial topic. It can be addressed from a political perspective or from a legal perspective. This article is written from the legal perspective. I do not analyse the politics of how the European Convention on Human Rights (ECHR) or the ECtHR came into existence, how they have developed, or what their future might be. Political choices will be made about the future of the ECHR and its institutions, such as the Court, but I do not speculate about what they might be. Instead, I will focus on the trajectory of the Court’s jurisprudence towards an increasingly process-based form of review, which is noticeable in the past couple of decades. This trend reflects the changing context in which the ECtHR is operating and is likely to remain an important feature of its caselaw moving forward. My contention is that at the present stage of maturity of the ECtHR’s caselaw and in light of tensions between the Court’s decision-making and the democratic principles, which are fundamental for the societies of the Contracting States, this trend is justified and appropriate.