UK Supreme Court Justice outlines ECtHR shift towards process-based review
Lord Sales, Justice of the UK Supreme Court, delivered a presentation to the European Legal Dialogues Group analysing the European Court of Human Rights' (ECtHR) trajectory towards process-based review over recent decades. The presentation, delivered on 17 October 2025 in Strasbourg, argues that the ECtHR has increasingly focused its review on whether national institutions have engaged with Convention provisions and the Court's jurisprudence, rather than conducting purely substantive review. Lord Sales contends this procedural approach is justified given the maturity of ECtHR caselaw and tensions between the Court's decision-making and democratic principles in Contracting States. The analysis examines the margin of appreciation doctrine's three operational axes: accommodating tension between Convention rights and democratic decision-making, providing space for local expertise, and regulating calls upon the ECtHR's attention. The presentation suggests this trend towards partnership and shared responsibility will continue strengthening Convention compliance whilst addressing democratic deficit criticisms.