Senior Lecturer cited in proposal for European Court of Human Rights reform

Published: 18 March 2015 at 13:18

Aldo Zammit Borda

A proposal for reforming the case-law of the European Court of Human Rights (ECtHR) has cited the work of Dr Aldo Zammit Borda, Senior Lecturer at Anglia Law School. This proposal was included on the list of documents to be considered by a drafting group of the Council of Europe responsible for evaluating and considering the need for reform of the ECtHR.

The proposal's author, Dr Bahadir Kilinç, argues that certain cases of the ECtHR should be accorded precedential value. This should be given solely to the judgments of the chambers and the Grand Chamber of the ECtHR, since the judgments or decisions of committees and single-judge formations may unlikely be qualified as precedent.

He states that "[p]recedential binding value for the judgments can be realised either by adding a sentence to Article 45 or 46 of the European Convention on Human Rights or adding a rule in the Rules of the Court stipulating that 'governing reasons of precedent judgments of the chambers and the Grand Chamber shall be observed in similar cases'."

The work of Dr Zammit Borda is cited more than once in this proposal, which you can read on the Council of Europe website.