Hugh Mercer KC has been elected as the UK’s next judge to the European Court of Human Rights (ECtHR), following a vote by the Parliamentary Assembly of the Council of Europe (PACE).
Mercer, a barrister at Essex Court Chambers and a leading figure in European and public law, will succeed Tim Eicke KC for a non-renewable nine-year term beginning in September.
Mercer secured 151 votes in the first and only round of voting, comfortably surpassing his rivals, who included fellow Essex Court barrister Sam Wordsworth KC and 39 Essex Chambers’ Deok Joo Rhee KC.
Mercer brings a wealth of experience to the Strasbourg bench. He has appeared before both the ECtHR and the Court of Justice of the European Union and currently chairs the Bar Council’s International Committee. He is qualified in England and Wales, the Republic of Ireland and the Brussels Bar.
He has also led the UK delegation to the Council of Bars and Law Societies of Europe (CCBE), where he played a key role in the recent adoption of a convention to protect lawyers’ rights across Europe and served as the leader of the European Circuit.
Writing in The Times in February, Mercer stated: “There must be no impunity for governments or non-state actors who continue to harass and intimidate lawyers carrying out their professional duties whether at home or abroad.”
He added: “Our global legal profession is made up of individuals united by an interest in the legal system, the rule of law and access to justice.”
His legal practice spans public, administrative and EU law, and he has been involved in high-profile litigation concerning the UK’s post-Brexit legal framework, including challenges to the Windsor Framework. He also serves as a deputy High Court judge.
Mercer’s appointment has been welcomed by his fellow barristers, with many highlighting his deep understanding of European legal systems and his commitment to the rule of law.
Mercer’s set said he brought exceptional expertise and judgement to the role, with the Bar European Group wishing Mercer “the best of luck at an important moment in the history of the European Convention of Human Rights and human rights”.
Former Bar Council chair Sam Townend KC called Mercer “a stalwart of the Bar Council for many years, and a rock to me and other chairs of the Bar”.
Townend added: “He knows European jurisdictions and jurisprudence as well as anyone, as reflected, I suspect, in the margin of his electoral victory,” a sentiment echoed by many, including Townend’s predecessor, Nick Vineall KC.
Mercer’s election ensures continuity in the UK’s representation at the ECtHR during a period of heightened scrutiny of the court’s role and jurisdiction.
In a speech to the Council of Europe’s Committee of Ministers earlier this month, Lord Chancellor Shabana Mahmood MP reaffirmed the UK’s commitment to the EHCR but warned that it must evolve to maintain public trust, as reported by the Law Gazette.
Mahmood called for a “shared political endeavour” to reform the convention, particularly around Article 8, which she argued has been misused to frustrate deportations. “[The] convention is one of the great achievements of post-war politics. It has endured because it has evolved. Now, it must do so again,” she told ministers.
Mercer’s appointment is likely to be viewed as a stabilising move, ensuring the UK continues to play a constructive role in Strasbourg while engaging in broader debates about the future of the court and the convention it upholds, as other parties review their commitment to the same.
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