Exhausting domestic remedies or exhausting the rule of law? Revisiting the normative basis of procedural subsidiarity in the European Human Rights System
Journal: Transnational Legal Theory
Year: 2023

In recent years, the case law of the European Court of Human Rights has seen a new normative turn in grounding subsidiarity when interpreting the substantive rights in the European Convention on Human Rights.The Court has placed emphasis on subsidiarity considerations when the respondent state can demonstrate the democratic and rule of law pedigree of its rightsinterfering actions.The Court's interpretation of the procedural rule of the exhaustion of domestic remedies has not caught up with this