Political opposition in the case law of the European Court of Human Rights: a silent alliance

Abstract

Given the context of current European politics, the topic of political opposition in the case law of the European Court of Human Rights appears to be highly relevant, yet completely unexplored. Approaching the subject from both a macro and micro level, the thesis outlines the Court's general principles applied in cases involving an opposition actor and discusses the relevant universal concepts that appear frequently in its reasoning thereof. Through an analysis of key opposition cases, it illustrates the scope of the possible action of political opposition in relation to different rights guaranteed by the European Convention on Human Rights. Additionally, it investigates whether the Court's stance varies based on the nature of the opposition, such as whether the opposition actor adheres to democratic values or not. The presented outcome is the result of a thorough examination of case law from various perspectives and in different contexts, complemented by implications from the political science literature, namely for the indispensable grasp of the concept of political opposition and its role in democracy safeguarding. Accordingly, it suggests that in this sense, opposition actors have a valuable ally in the Court, as it places great importance on the effective operation of democracy.