Friendly Settlements before the European Court of Human Rights

This book explores the friendly settlement procedure at the European Court of Human Rights, evaluating its effectiveness, potential improvements, and the implications of its mixed legal nature on human rights violations.

Friendly Settlements before the European Court of Human Rights offers a comprehensive analysis of the friendly settlement procedure employed by the European Court of Human Rights (ECtHR). As the most effective human rights regime globally, the ECtHR faces a significant backlog of cases, leading to a growing preference for friendly settlements as an alternative to traditional judicial proceedings. This book explores the implications of this trend and provides insights into how the process can be enhanced for greater efficiency.

The author evaluates the mixed legal nature of friendly settlements, which combine inter-partes negotiations with binding international law principles. This dual character raises important questions about the potential for 'privatization' of the proceedings and the limits of monetizing human rights violations. The book delves into the risks of abuse within this framework and emphasizes the need for safeguards to protect the interests of all parties involved, particularly given the inherent power imbalances that can exist.

Additionally, the text empirically assesses the advantages of friendly settlements compared to ordinary proceedings. It questions whether this alternative truly offers applicants quicker financial resolutions, as is often suggested. By examining both doctrinal and practical aspects, the book aims to provide recommendations for improving the negotiation process and ensuring that friendly settlements serve as a viable and just method for resolving human rights disputes within the ECtHR.