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The question is not whether the European Convention on Human Rights is outdated, but if the political narrative around it is eroding the trust it was designed to uphold.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.
Despite this, Wolfson downplays the risk, observing that either party may terminate the TCA at 12 months’ notice, characterizing the consequences as ‘more likely political than legal’.
However, this optimism ignores the fragility of the current framework, with the House of Lords Justice and Home Affairs Committee describing part 3 of the TCA as ‘sub-optimal’ compared to pre-Brexit arrangements.
Author's summary: ECHR faces political and legal challenges.
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