EGMR-Rechtsprechung zur Migration: Stillstand, Demontage oder Transformation?

In May 2026, the 46 members of the Council of Europe intend to adopt a political declaration calling on the European Court of Human Rights (ECtHR) to give greater weight to state interests in its human rights case law. Although the Court in Strasbourg has refrained from further extending protection, the dynamic judgments of the quarter-century between the fall of the Iron Curtain and the asylum policy crisis of 2015/16 continue to apply; they are enforced by domestic courts on a daily basis. Against this backdrop, the contribution by Daniel Thym highlights the opportunities, risks and limitations of the planned Chișinău Declaration. He argues, amongst others, that the international legal equivalent of a constitutional amendment in the form of an additional protocol would be more effective and safeguard the institutional legitimacy of the Court.