Fédération des barreaux d’Europe
FBE-Inteview : Jean-Paul COSTA, The President of the European Court of Human Rights
- Jean-Paul COSTA
1. What reasons led you to accept the position of President of the European Court of Human Rights ?
Jean-Paul COSTA : I have been a passionate defender and supporter of public freedoms and human rights all my life. This dates back to my law and political science studies and I must mention the influence of two outstanding teachers : Professor Jean Rivero and the State councillor Guy Braibant.
After studying at ENA, I chose the Council of State for my career, while enjoying a parallel teaching career, particularly in this domain.
Quite naturally I have therefore been considered a possible candidate for becoming a Judge at the European Court of Human Rights. In both 1998 and 2004, France placed me on the list of three candidates laid down under the European Convention of Human Rights, and the Parliamentary Assembly of the Council of Europe first elected me and then re-elected me.
Finally, when my predecessor left his positions at retirement age, I believed I could replace him (I was then Vice-President of the Court), and that these onerous responsibilities could at the same time be stimulating and significant. I was honoured that my colleagues on the bench elected me at the end of 2006, and re-elected me at the end of 2009.
2. In your opinion, what is the role that your institution plays in society ?
Jean-Paul COSTA : The role of the European Court of Human Right is to make the 47 member States respect the extraordinary commitments they have undertaken in ratifying the Convention : on the one hand, to ensure that the people under their jurisdiction enjoy the rights and liberties laid down under the Convention, and on the other that the States accept the right of individuals to have recourse against them, the jurisdiction of the Court, and, if necessary, the obligation to conform to its judgements.
The role of the Court is in this way to harmonise the law of European States about freedom and fundamental rights (without aspiring to uniformity), while also making judgements about social conflicts, for instance the rights of the family in the widest sense of the word, the equilibrium between public order and liberty or finally the delicate relationship between different religions and the State.
3. In your opinion, what is the greatest challenge facing your institution in the years to come ?
Jean-Paul COSTA : In my opinion, the three principal challenges facing the Court are as follows :
a) To manage to make sufficient decisions and judgements to avoid being overwhelmed by a great flood of applications, within the limited resources imposed by the economic crisis ;
b) To sustain the importance of a State of Law and freedoms while forces hostile to liberalism and equality emerge from public opinion and amongst politicians in several States ;
c) To remain imperturbable, impartial and independent while applications often reflect situations of conflict either within States or internationally and between States.