This policy paper presents a compelling case for reforming the European Court of Human Rights (ECtHR) to address growing concerns over its perceived constraints on UK sovereignty, particularly in the realm of immigration policy. It argues that withdrawing from the ECHR, while superficially appealing to some, would exact significant diplomatic, legal and moral costs, undermining the UK’s global leadership and breaching key agreements such as the Belfast/Good Friday Agreement. Instead, the paper outlines a proactive reform agenda, leveraging the UK’s influence within the Council of Europe (CoE) to strengthen the ECtHR’s transparency, impartiality and efficiency.
The proposal, titled ‘Reform to Conserve’, underscores the importance of addressing the Court’s structural flaws – particularly the expanding interpretation of rights and the lack of rigorous judicial selection processes. It calls for practical measures, including stricter appointment criteria for judges, mandatory declarations of interest and a robust recusal framework to ensure impartiality and mitigate conflicts of interest. These reforms are essential to restoring public confidence and ensuring that the ECtHR remains a credible guardian of human rights, rather than a source of judicial overreach.
The paper highlights the UK’s unique opportunity to lead a coalition of reform-minded states at a critical juncture in European politics. Rising discontent with judicial activism and immigration challenges across the continent has created fertile ground for change. By spearheading reforms grounded in subsidiarity and judicial accountability, the UK can simultaneously address domestic sovereignty concerns and reinforce its standing as a global advocate for human rights and the rule of law.
The analysis concludes that reform is not only feasible but imperative. With principled leadership and targeted action within the CoE’s Parliamentary Assembly and Committee of Ministers, the UK can preserve its influence, safeguard its domestic interests and reinforce the ECtHR’s foundational balance between individual rights and state sovereignty. By choosing reform over retreat, the UK can uphold its legacy as a leader in European human rights while ensuring the ECHR evolves to meet the challenges of the 21st century.
This policy paper proposes five recommendations for reforming the ECHR, reflecting a Burkean approach, advocating for careful and considered reform based on prudence, instead of radical measures, to institutional balance and judicial integrity:
1. Judges should be required to publish declarations of interest, including any connections to non-governmental organisations (NGOs).
2. The ECtHR should ensure transparency in its registry and member impartiality by publishing a comprehensive list of its members, following international judicial best practices.
3. Nomination criteria should prioritise substantial judicial experience while requiring full transparency regarding candidates’ affiliations, including past NGO involvement, to uphold judicial balance and credibility.
4. The Parliamentary Assembly of the Council of Europe’s Judges Selection Committee, alongside the Expert Advisory Panel for judge appointments, should receive sufficient resources and time to conduct thorough assessments of candidates.
5. Broadcasting interviews conducted by the Judges Committee would enhance transparency and public scrutiny, discouraging unqualified candidates from applying.
6. It is proposed only as an ultimum refugium, and only if all other reform efforts have been tried and resisted, that a collective exit by the UK, France, Germany, and Italy be undertaken – at least temporarily – pending accession under a reformed court.
It is the author’s hope and intent that all major UK political parties, whether in government or opposition, will be able to adopt these measured, middle-ground reforms – either in full or in part – to advance meaningful ECtHR reform. This process should be pursued through diplomatic and legislative engagement in Strasbourg, particularly within the CoE’s Committee of Ministers, the Parliamentary Assembly and the European political groups in the Alsatian capital to which UK parties belong. This paper outlines the mechanisms for achieving these reforms, providing a structured approach to strengthening judicial integrity and transparency within the European Convention of Human Rights (hereinafter, ECHR) framework.
