Monitoring ECtHR Case Law: State Practices in Denmark, Norway, and Sweden

Among Scandinavian states Denmark, Norway, and Sweden, ministries and state agencies have important roles, fulfilling the state duty to protect human rights. This article examines if, and to what extent, these state institutions monitor evolving case law of the European Court of Human Rights (ECtHR), in the pursuit of this endeavor. Regarding monitoring, the primary objective of ministries is to adjust existing laws and to ensure new laws meet international commitments under the European Convention on Human Rights (ECHR). This article critically examines how these jurisdictions monitor ECtHR judgments, particularly those not directly involving the state, but which may nonetheless necessitate adjustments to domestic legal practices. This research, integrating policy analysis, research, and 17 interviews with state agencies, reveals a systemic deficiency within Norwegian, Danish, and Swedish state institutions in monitoring the ECtHR’s evolving standards. A gap with significant legal, economic, and societal-wide implications.