Hypothesis of responsibility and reparation in disputes between individuals and states before the control bodies established by the human rights treaties.

Document Type: Original Article


Full Professor of European Union Law at the Fletcher School-Tufts University


The purpose of this work is to identify the main hypotheses of states responsibility in connection with organizations activities, adopting the perspective of system protection established by the European Convention on Human Rights (ECHR) on which the European Court of Human Rights (ECtHR) supervises. The results to which the ECtHR has come have been extensively examined in the relevant literature. Therefore, after having reconstructed the main liability hypotheses emerged in the ECtHR jurisprudence and the critical points connected to them (section I), we will investigate new arguments to ascribe responsibility to member states on the basis of different titles, not yet explored or otherwise not still consolidated in ECtHR jurisprudence.