The view from Strasbourg: A stark reminder of the tension underlying the principle of subsidiarity – UK Human rights Blog
‘The real interest of this ruling, however – apart from being a rare inadmissibility decision by the Grand Chamber – comes from the lesson it provides on the principle of subsidiarity. That principle says that the primary responsibility to protect Convention rights lies with the national governments party to the Convention, with the ECtHR acting as a safeguard of last resort. If it seems odd that the Court requires that national governments first adjudicate on the rights violations of which they are accused, Kujit, in which the Court ruled that the applicant could only bring her case to the ECtHR after first complaining to the Supreme Court that she had been denied a fair trial by that very court, serves as a particularly stark illustration of this tension.’
UK Human Rights Blog, 21st October 2026
Source: ukhumanrightsblog.substack.com

