Process-based review at the European Court of Human Rights – towards greater legal accountability?

Harriet’s PhD research focuses on the ‘procedural turn’ at the European Court of Human Rights and in particular, the Court’s increasing reliance on process-based review. Process-based review can be defined as ‘judicial reasoning that assesses public authorities’ decision making in light of procedural fundamental rights standards’ (Huijbers, 2021). Closely linked with the principle of subsidiarity and the margin of appreciation, it has become an increasingly established part of the Court’s jurisprudential toolkit since the adoption of Protocol 15 in 2013 (entered into force 2021). Harriet’s research seeks to map the application of process-based review in the Court’s caselaw, to understand how and why this approach is adopted in specific cases and to examine the implications of this development for legal accountability for human rights in Europe.