The Impact of European Human Rights Law and Case-Law on Democracy Dr. Basak Cali Principle Investigator, The Legitimacy and the Authority of Supranational Human Rights Courts Project Department of Political Science University College London Anne Koch, M.A. Researcher University College London and Berlin School for Transnational Studies or Project Website:

Linkages between Human Rights and Democracy in the European Context The European Convention of Human Rights: Pprovisions safeguarding civil and political rights The European Court of Human Rights (ECtHR): Judgments reinforcing standards of democratic governance

The Expansion of Rights under Democracy ECtHR case law considers democratic legitimacy to be based on the protection of rights and freedoms regards rights protection as a tool for democratization pursues an expansive interpretation of rights, based on the Convention’s ‘necessary in a democratic society’ clause

European Human Rights Law : Guardian of Pre-Democratic Rights Pre-democratic rights based on the idea of human dignity outside the sphere of political negotiation extend to non-citizens

European Human Rights Law: Protecting Non-Citizens and Marginalized Groups Avenue of last resort for individuals and groups with limited access to national political institutions Non-discrimination case law and positive obligations constitute important tools of empowerment

European Human Rights Law: Guiding Principles for Democratic Decision- Makers ECtHR case law provides standards regarding procedural rights ECtHR judgments point out necessary reforms in the administration of justice Principles of proportionality and positive obligation provide practical guidance for balancing rights in everyday democratic practice

Conclusions European Human rights law and case law are characterized by an inherently expansive notion of rights balance universal principles and national democratic processes limit national sovereignty through the specification of pre-democratic rights

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