Stensholt v. Norway: Why single judge decisions undermine the Court’s legitimacy

This guest post was written by Helena De Vylder. Helena is a Ph.D. Researcher at the Human Rights Centre of Ghent University. Her research concerns admissibility criteria in regional human rights systems.

Apart from the new admissibility requirement – significant disadvantage –, the 14th Protocol contains a number of procedural changes. The competences of chambers and committees have been changed and single judge-formations (assisted by a non-judicial rapporteur) were created and given the competence to take final decisions regarding the admissibility of cases where such a decision can be taken without further examination.

The yearly statistics available on the ECHR-website (Annual Report 2013) suggest that the 14th Protocol did a wonderful job, as regards the speeding up of procedures. The backlog of the ECtHR has decreased enormously in the latest years and the renewed efficiency of the Court thanks to the filtering-mechanisms has been applauded. The single judge-formations contribute massively in this regard. However, the commented case sheds light on the other side of the decisions issued by single judges. These decisions are not published, but we had the opportunity to access one of them when an applicant who had obtained an unsatisfactory decision contacted the Strasbourg Observers. Continue reading