Constitutional identity of States: a novel threat or an unexpected opportunity for human rights in the Council of Europe?

Abstract

The ECtHR has recently recognized the constitutional identity doctrine in its jurisprudence as a State’s legitimate aim to treat the ECHR differently (under the cover of the national margin of appreciation). However, this doctrine is not entirely new, as it stems partly from the EU framework, where it has been intensely discussed. This article aims to reflect on the matter’s status quo and assess its potential benefit for human rights.