The ECHR: Legal and Political Fault Lines
The question is not whether the European Convention on Human Rights is outdated, but if the political narrative around it is eroding the very trust it was designed to uphold.
Wolfson's analysis of the Trade and Cooperation Agreement (TCA) is striking, as he concedes that withdrawal from the ECHR would give the EU a legal basis to suspend part 3 of the TCA, which governs criminal law cooperation, data exchange, extradition, and mutual legal assistance.
Wolfson characterises the consequences as 'more likely political than legal', despite the risk of the EU suspending part 3 of the TCA.
The House of Lords Justice and Home Affairs Committee has already described part 3 of the TCA as 'sub-optimal' compared with pre-Brexit arrangements, highlighting the fragility of the current framework.
Author's summary: ECHR faces political challenges.
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