Published online by Cambridge University Press: 07 September 2011
This assertion from the dissenting opinion of Judge Bonello in the Sejdić and Finci case of 2009 illustrates that there is discussion within the European Court of Human Rights on the Court’s role in transitions. Obviously, the situation at hand – the continuously tense aftermath of the bloody and traumatic war in Bosnia and Herzegovina – might be a very extreme example, but the wider salience of Judge Bonello’s remark should not be ignored. This book set out to question and analyse to what extent the European Court has developed a specific transitional jurisprudence. By looking at a broad range of issues – from freedom of religion to property rights and from the right to free elections to freedom of expression – a diversified picture emerges. This chapter draws together common threads from the preceding contributions and overviews the different settings in which arguments from transition have been permitted or denied.
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