Novel Approaches to Interim Protection Against Systemic Threats to the Rule of Law

Abstract The article explores the evolution of a key, yet relatively obscure, instrument relating to the ‘head’ of proceedings before the European Court of Human Rights (Court), namely interim measures. By employing the decisions related to the Polish rule of law crisis as a case study, the article contends that the Court’s use of interim measures in this context exhibits significant novelties compared to its previous practice, regarding both the scope and content of interim protection. More broadly, the Polish case study, along with other recent developments in the Court’s practice under Rule 39 of the Rules of Court, highlights a growing tendency to use interim measures for addressing systemic issues in the Contracting Parties. This aspect prompts a reflection on the evolving nature and function of interim relief under the European Convention on Human Rights, and on the outstanding procedural shortcomings of the Rule 39 machinery, which is currently undergoing a process of reform.