'Historical Situations' in the Jurisprudence of the European Court of Human Rights in Strasbourg
Journal: Jagiellonian University Repository (Jagiellonian University)
Year: 2010

This Article investigates how the European Court of Human Rights becomes competent to make decisions in cases concerning (or taking roots in) "historical situations" preceding the ratification of the European Convention by a given Member State or even the enactment of the Convention. "Historical situations" refer to events that occurred in the period of Second World War or shortly thereafter. In all such cases, the preliminary question arises whether the Court is competent temporally (ratione te