TY - JOUR
T1 - Jura Novit Curia and the European Court of Human Rights
AU - Möschel, Mathias
N1 - Publisher Copyright:
© 2022 The Author(s),. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected].
PY - 2022/5/1
Y1 - 2022/5/1
N2 - This article provides the first in-depth analysis of the European Court of Human Rights' treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand Chamber judgment Radomilja v. Croatia has brought jura novit curia and its potentially controversial role in the interpretation of the European Convention on Human Rights to light. Overall, this article demonstrates that this seemingly anodyne and previously understudied principle reveals conflicting views regarding the functions and purposes of the European Court of Human Rights' human rights jurisprudence. I argue that the Strasbourg judges should be careful to use the principle consistently and refrain from overusing it, especially in the later stages of proceedings and in order to reduce its case docket.
AB - This article provides the first in-depth analysis of the European Court of Human Rights' treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand Chamber judgment Radomilja v. Croatia has brought jura novit curia and its potentially controversial role in the interpretation of the European Convention on Human Rights to light. Overall, this article demonstrates that this seemingly anodyne and previously understudied principle reveals conflicting views regarding the functions and purposes of the European Court of Human Rights' human rights jurisprudence. I argue that the Strasbourg judges should be careful to use the principle consistently and refrain from overusing it, especially in the later stages of proceedings and in order to reduce its case docket.
UR - http://www.scopus.com/inward/record.url?scp=85154033466&partnerID=8YFLogxK
U2 - 10.1093/ejil/chac030
DO - 10.1093/ejil/chac030
M3 - Article
AN - SCOPUS:85154033466
SN - 0938-5428
VL - 33
SP - 631
EP - 650
JO - European Journal of International Law
JF - European Journal of International Law
IS - 2
ER -