Concluding Remarks

This Chapter provides the final conclusions of the book. Drawing from the results of the comparative analysis, it is possible to describe the posture of ECtHR vis-à-vis constitutional as one characterised by an authoritative assertion of its role as the ultimate interpreter of fundamental rights in Europe. Such a self-portrayal of its role has met some resistance by Western constitutional courts. Conversely, Central and Eastern European courts generally passively accepted the ECtHR’s hierarchically superior position. The Chapter also highlights the ECtHR’s use of Article 6 as a rule of law tool, indicating the continuous existence of a constitutionalising narrative in the ECtHR case law. In the Second Section, the Chapter speculates about the future of the ECtHR, highlighting the various factors suggesting that in order to uphold its primary role in the European system of fundamental rights protection, the Strasbourg Court cannot prescind from strong cooperation with constitutional courts.