Judge Iulia Motoc gave a lecture on “The European Court of Human Rights & State Responsibility”

23 November 2017

On 23 November, the Max Planck Institute Luxembourg welcomed Iulia Motoc, Judge at the European Court of Human Rights (ECtHR) and Professor of European and International Law at the University of Bucharest. Judge Motoc gave a lecture on the ECtHR and its contribution to the law of State responsibility.

Judge Motoc opened the lecture “The ECtHR and State Responsibility: Moving towards more international law?” by explaining the related, yet distinct, concepts of attribution, jurisdiction (as per Article 1 of the European Convention on Human Rights) and responsibility. She then turned in more detail to cases such as Banković, CatanJaloudChiragov and Al-Adsani in order to illustrate the Court’s interpretation of the Convention and its contribution to the law of State responsibility. 

A recurrent theme dominated the lecture. As Judge Motoc demonstrated it, the Court assumes the challenging task of finding the right balance while interpreting the Convention. On the one hand, the Court aims to autonomously interpret the Convention as “a constitutional instrument of the European public order” (e.g. through lex specialis), and on the other to ensure that it is interpreted and applied in harmony with general international law (e.g. through systemic integration).

The lecture was followed by a lively Q&A session, and the discussion kept on going during the closing drinks.

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The Max Planck Lecture Series gives the floor to renowned experts in procedural law, who are invited to provide updates on topical questions. All the lectures are free and open to the public.