Prolongation et normalisation de l’état d’urgence : la Cour européenne devrait-elle en faire plus ?
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Cour européenne des droits de l'homme
Etat d'urgence
Article 15 de la Convention européenne des droits de l'homme


Between terrorism and sanitary crisis, the French Council of State (“Conseil d’État”) estimates that over the last six years, French citizens have spent more than half of their time under a state of emergency. Given this apparent normalization of emergency regimes, it seems particularly important to examine the control exercised over their implementation, to ensure that freedom always remains the rule and restriction the exception. This article proposes a reflection on a supranational scale, by looking at the jurisprudence of the European Court of Human Rights relating to Article 15 of the European Convention on Human Rights. Reviewing the standards, the seminal judgments and the recent jurisprudence of the Court on exceptional circumstances, this article aims to examine the attitude of the European judge and to identify his role in the assessment of the derogatory measures introduced by the member States. Specifically, it is the intensity of this control that will be questioned, in order to highlight some of the gaps and insufficiencies of the European control with regard to the Court's role as guardian of rights and freedoms in a context marked by the rise of populism and illiberalism.

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