Clearing Muddied Waters: The Relationship Between the Rule of Law and the Fight against Corruption in the Jurisprudence of the European Court of Human Rights

This paper analyses the nexus between corruption and the rule of law, focusing on the role of international actors in upholding the latter. Special emphasis is placed on asset recovery, including the seizure of property derived from corrupt activities both abroad and within Member States of the Council of Europe and the European Union. The paper focuses on the actions of Member States of the Council of Europe, especially the jurisprudence of the ECtHR and the corresponding international legal framework. The paper concludes with recommendations for fighting corruption while upholding the rule of law for countries in transition and those on their way to European Union accession.