The German Minister of Justice, Stefanie Hubig, has issued a stark warning against attempts to exert political pressure on the European Court of Human Rights (ECtHR), particularly in efforts to implement stricter migration policies. Her comments, given to “Welt” and Politico ahead of an informal ministerial conference at the Council of Europe in Strasbourg, underscore a growing tension between national governments seeking greater control over migration and the court’s mandate to uphold the European Convention on Human Rights (ECHR).
Hubig’s intervention comes amidst a backdrop of intensified debate surrounding migration within the Council of Europe, fueled by growing anxieties over borders and asylum processes in several member states. The ministerial conference, initiated by Council of Europe Secretary-General Alain Berset, aims to channel these discussions within the framework of the organization and to formally address the complexities arising from the intersection of migration control measures and the protections afforded by the ECHR.
The warning follows a recent wave of criticism aimed at the ECtHR from nine European nations, including Italy and Denmark. A joint letter submitted in May questioned the court’s interpretations of the ECHR, arguing that it has expanded the convention’s scope “too broadly” in some instances, thereby disrupting the balance between competing interests. The letter specifically cited concerns that the Court has unduly restricted the ability of nations to determine who may be deported from their territories.
Hubig emphasized that an independent judiciary is a fundamental pillar of human rights protection, arguing that freedom and equality can only be guaranteed if interpretations of fundamental rights are determined by impartial judges and not manipulated by political agendas. She expressed hope the Strasbourg conference would produce a clear signal of support for the ECtHR’s independence and underscored that this independence is “non-negotiable.
The emerging conflict highlights a crucial test for the Council of Europe. While acknowledging the legitimate concerns driving the debate, Hubig’s message serves as a pointed reminder that any erosion of judicial independence risks undermining the very foundation of European legal principles and the protection of human rights across the continent. The challenge now lies in reconciling the need for effective migration management with a steadfast commitment to upholding the rule of law and safeguarding the core values of the European human rights system.