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State Interests, Migration and the European Court of Human Rights

Almqvist, Jessica LU and Thorburn Stern, Rebecca LU (2026) In European Policy Analysis p.1-12
Abstract
This European Policy Analysis examines recent developments within the Council of Europe concerning a proposed political declaration by its Committee of Ministers on the European Court of Human Rights’ approach to migration-related issues. These developments follow an Open Letter in May 2025 and a subsequent Joint Statement by a group of member states expressing concerns about the Court’s case-law and the balance between migrant rights and state interests.

The analysis focuses on the intergovernmental process leading to the draft declaration, including the discussions within the Steering Committee for Human Rights and the role of the Committee of Ministers, and situates the current initiative in the context of earlier high-level... (More)
This European Policy Analysis examines recent developments within the Council of Europe concerning a proposed political declaration by its Committee of Ministers on the European Court of Human Rights’ approach to migration-related issues. These developments follow an Open Letter in May 2025 and a subsequent Joint Statement by a group of member states expressing concerns about the Court’s case-law and the balance between migrant rights and state interests.

The analysis focuses on the intergovernmental process leading to the draft declaration, including the discussions within the Steering Committee for Human Rights and the role of the Committee of Ministers, and situates the current initiative in the context of earlier high-level declarations concerning the Court. The paper identifies key areas of disagreement, particularly regarding references to migration, state responsibilities, and the Court’s interpretative role. It shows that the drafting process has been characterised by extensive negotiations and a persistent lack of consensus.

The authors argue that the significance of the initiative lies less in its potential legal effects than in its symbolic and institutional consequences. A declaration aligned with the more critical positions risks undermining the perceived independence and authority of the Court, thereby affecting the broader legitimacy of the Convention system. (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Contribution to specialist publication or newspaper
publication status
published
subject
keywords
Human rights, Mänskliga rättigheter
categories
Popular Science
in
European Policy Analysis
issue
2026:8epa
pages
12 pages
publisher
Sieps (Swedish Institute of European Policy Studies)
project
Human Rights Law in the Nordic Countries
language
English
LU publication?
yes
id
4b7c1047-43cc-484a-ac8d-4f33eb1d1b7d
alternative location
https://sieps.se/en/publications/2026/state-interests-migration-and-the-european-court-of-human-rights/
date added to LUP
2026-05-15 12:34:28
date last changed
2026-05-18 08:43:57
@misc{4b7c1047-43cc-484a-ac8d-4f33eb1d1b7d,
  abstract     = {{This European Policy Analysis examines recent developments within the Council of Europe concerning a proposed political declaration by its Committee of Ministers on the European Court of Human Rights’ approach to migration-related issues. These developments follow an Open Letter in May 2025 and a subsequent Joint Statement by a group of member states expressing concerns about the Court’s case-law and the balance between migrant rights and state interests.<br/><br/>The analysis focuses on the intergovernmental process leading to the draft declaration, including the discussions within the Steering Committee for Human Rights and the role of the Committee of Ministers, and situates the current initiative in the context of earlier high-level declarations concerning the Court. The paper identifies key areas of disagreement, particularly regarding references to migration, state responsibilities, and the Court’s interpretative role. It shows that the drafting process has been characterised by extensive negotiations and a persistent lack of consensus.<br/><br/>The authors argue that the significance of the initiative lies less in its potential legal effects than in its symbolic and institutional consequences. A declaration aligned with the more critical positions risks undermining the perceived independence and authority of the Court, thereby affecting the broader legitimacy of the Convention system.}},
  author       = {{Almqvist, Jessica and Thorburn Stern, Rebecca}},
  keywords     = {{Human rights; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{05}},
  number       = {{2026:8epa}},
  pages        = {{1--12}},
  publisher    = {{Sieps (Swedish Institute of European Policy Studies)}},
  series       = {{European Policy Analysis}},
  title        = {{State Interests, Migration and the European Court of Human Rights}},
  url          = {{https://sieps.se/en/publications/2026/state-interests-migration-and-the-european-court-of-human-rights/}},
  year         = {{2026}},
}