Die evolutive Auslegung der EMRK: Living instrument im Zeitalter der Subsidiarität

The relationship between the European Court of Human Rights (ECtHR) and the member states of the European Convention on Human Rights (ECHR) has been the focal point of legal and political reform discussions for over a decade. The evolving interpretation of the ECHR by the ECtHR has triggered varying degrees of skepticism from member states towards Strasbourg case law, leading to a reform process concerning the long-term future of the ECtHR, culminating in the adoption of the 15th Protocol to the ECHR. At the heart of this Freiburg dissertation is the balance that the ECtHR must maintain between adhering to the principle of subsidiarity and its evolutionary interpretation, as well as the mediating role of European consensus as a comparative legal criterion to overcome potential collisions.