This paper focuses on the asserted conflict between positive individual and collective democratic interests, and the assertion is explored on the basis of case law from the European Court of Human Rights. The examination includes a discussion of the dichotomous perception of positive and negative obligations and concentrates on that part of the Court’s case law which recognises socio-economic demands as relevant facts under the European Convention on Human Rights. This choice of case law has as a consequence that the issue of division of powers between the Court and domestic authorities becomes inescapable.

Target group

Lawyers