Symposium: “The European Court of Human Rights and French Criminal Law: A Simple Influence”

Friday, March 16, 2018, from 2:00 p.m. to 8:00 p.m.
School of Law, Building 1, Lecture Hall C
Target audience: law students, Professors, legal professionals

 

As early as 1974, due to the ongoing trend toward the Europeanization of law, the nature of the relationship between the European Court of Human Rights and French criminal law raised serious questions.
While the current President of the Republic is advocating for a stronger bond between Europe and France—notably through the ratification of Protocol 16, which establishes an advisory procedure before the European Court of Human Rights—opponents remain steadfast, going so far as to argue that “ "The ECHR has effectively eroded France's sovereignty."
Thus, while some view the European Court of Human Rights in Strasbourg as a valuable tool for better safeguarding human rights, others believe it interferes excessively in our domestic law, thereby undermining our most fundamental principles.
There are many examples that illustrate the difficulty of determining whether, ultimately, French criminal law is either simply influenced by or actually subject to the authority of the European Court, with the law on police custody remaining the most well-known example to this day.
This conference, organized by Professor Marie-Christine Sordino, Director of the Criminal Law Research Group at Montpellier (EDPM-UMR 5815 Dynamics of Law) and Ms. Cécile Lefrançois and Ms. Clémence Vialatte, doctoral students at the University of Montpellier, will attempt to provide as accurate an answer as possible to this persistent question.
Through in-depth analysis, academics and judges will examine the nature of the relationship between French criminal law and the European Court, before turning their attention to the impact of the latter on our criminal law, both in terms of substance and procedure.
Download the program
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