The European Court of Human Rights and austerity measures in the Eurozone: an ally against human rights violations or merely a bystander?

Abstract

The 2008 financial crisis created a domino effect that affected national economies around the globe, forcing many to adopt severe austerity measures. This paper, using four Eurozone countries (Greece, Ireland, Portugal, the Netherlands) as examples, will attempt to evaluate the mediocre response of ECtHR to violations of the right to property and due process caused by austerity, and subsequently try to explain the ECtHR’s stance on the matter by analysing the doctrines of margin of appreciation, subsidiarity and legitimacy. A brief comparison of the responses of the other regional institutions in similar cases, especially the European Committee of Social Rights (ECSR) and the Court of Justice of the European Union (CJEU) will follow before exploring possible implications for the future based on the attitude of the Court towards other crises and the development of its jurisprudence regarding socio-economic rights.