Human Rights Challenged and Defended: A Survey of Recent Legal Developments around Europe. Too Much or Too Little Human Rights Protection?

Human rights and international cooperation are currently being intentionally questioned by states and actors that do not wish to see limitations on power holders. Doing a tour primarily around Northern Europe we review key legal developments and debates on human rights, minorities and migration. Such developments include the May 2025 Open Letter of nine European leaders and concern the status of treaty obligations, the role of international judicial organs, most notably the European Court of Human Rights and the European Court of Justice and the interplay between domestic and international law. Furthermore, this article addresses recent concepts, such as the controversial notion of constitutional identity, found in the case law of judicial organs, and concludes by discussing the idea of constitutional dialogue, a concept gaining in prominence amidst polarisations and insecurities.