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The question is not whether the European Convention on Human Rights is outdated, but if the political narrative around it is eroding the very trust it was designed to uphold.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).
He concedes that withdrawal from the ECHR would give the EU a legal basis to suspend part 3 of the TCA, which governs criminal law cooperation, data exchange, extradition, and mutual legal assistance.
Wolfson downplays the risk by observing that either party may terminate the TCA in any event at 12 months’ notice and therefore characterises 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 with pre-Brexit arrangements.
Author's summary: ECHR's political narrative erodes trust.
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