Germany’s Justice Minister Stefanie Hubig has issued a stark warning against attempts to exert political pressure on the European Court of Human Rights (ECHR) in the pursuit of stricter migration policies, a move that threatens the court’s independence and the very foundations of European rights protections.
Speaking ahead of an informal ministerial conference hosted by the Council of Europe in Strasbourg, Hubig emphasized the critical importance of judicial autonomy as a cornerstone of effective human rights safeguarding. “If we want to remain true to ourselves, if we want to remain a continent of freedom and fundamental rights, we must uphold the independence of the European Court of Human Rights” she stated, highlighting that fundamental rights can only guarantee freedom and equality when impartial judges, not government bodies, interpret their meaning.
The upcoming conference, initiated by Council of Europe Secretary General Alain Berset, aims to integrate ongoing debates surrounding migration and the European Convention on Human Rights within the Council’s framework. This follows a period of heightened political discourse on migration issues within various member states, frequently straining the balance between national border controls and the protections afforded by the Convention.
The warning from Hubig comes in response to a recent wave of criticism directed at the ECHR. Last May, nine European nations, including Italy and Denmark, publicly questioned the court’s jurisprudence on migration, alleging that it has, in some instances, unduly broadened the scope of the Convention. These nations expressed concern that the court’s rulings have excessively limited states’ ability to determine which individuals should be deported, thereby disrupting the equilibrium of competing interests.
Hubig’s intervention signals a bid to counteract this growing sentiment and reaffirm the Council’s commitment to the ECHR’s independence. She stressed that the court’s impartiality is “non-negotiable” echoing a broad consensus amongst legal experts who caution that altering the ECHR’s judicial autonomy could erode the very principles upon which the European project is built. The conference promises to be a pivotal moment, testing the resolve of European nations to preserve judicial integrity amid increasing political pressures.
