The ECHR: Legal and Political Fault Lines
The question is not whether the European Convention on Human Rights is outdated, but if the political narrative around it is eroding the trust it was designed to uphold.
A careful reading shows that Wolfson acknowledges serious consequences, particularly in his analysis of the Trade and Cooperation Agreement (TCA).
Wolfson concedes that withdrawal from the ECHR would give the EU a legal basis to suspend part 3 of the TCA, governing criminal law cooperation, data exchange, extradition and mutual legal assistance.
However, Wolfson downplays the risk, observing that either party may terminate the TCA at 12 months’ notice, characterising the consequences as ‘more likely political than legal’.
The House of Lords Justice and Home Affairs Committee has described part 3 of the TCA as ‘sub-optimal’ compared with pre-Brexit arrangements, highlighting the fragility of the current framework.
Author's summary: ECHR faces political and legal challenges.
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