ABSTRACT

The negotiating role of the Court in reconciling diverging interests is essential when questions considered 'sensitive' are at stake. The European Court of Human Rights (ECtHR) is aware of the challenge that the economic and financial crisis affecting Europe for the past five years constitutes for the protection of human rights. There are cases in which the ECtHR itself identifies the new challenges to be met by the States' Parties and, more generally, by European society. The terrorism that the United Kingdom and Ireland were faced with in the late 1950s was not perceived as a challenge to be met by all the European States. The doctrine perceives the European dispute born from the economic crisis as the demonstration of a new European challenge. The European jurisdiction has adapted its discourse with the aim of better taking into account what has become a real challenge for the States since the early 2000s.