La nozione di giurisdizione ai sensi dell’art. 1 della Convenzione Europea dei Diritti Umani nella recente giurisprudenza della Corte Europea dei Diritti Umani

The book chapter conceptualises recent (mostly from 2002) decisions of the European Court of Human Rights dealing with the notion of jurisdiction according to Art. 1 of the European Convention on Human Rights. The proposed framework distinguishes between jurisdiction on the basis of territoriality and extra-territorial jurisdiction, as well as between instances in which jurisdiction is attributed de iure – on the basis of a norm of international law permitting such exercise – or exercised de facto. It also discusses the decisions concerning exercise of jurisdiction at sea and their implications for the interpretation of the notion of “jurisdiction” more generally. The exam takes into account limits to the exercise of jurisdiction, mostly resulting from the decisions of the Court in the Bankovic and Behrami and Saramati cases. In conclusion, it is submitted that the reference to “jurisdiction” in Art. 1 of the European Convention on Human Rights, as interpreted by the Court in recent decisions, must be read to include both territorial and extraterritorial jurisdiction, that the unlawfulness of the exercise of jurisdiction does not hinder the applicability of Art. 1, and that there is more room to broaden the notion of jurisdiction, as proven by cases concerning exercise of power by States at sea.