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The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy

Online ISBN:
9780748689101
Print ISBN:
9780748670574
Publisher:
Edinburgh University Press
Book

The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy

Dia Anagnostou
Dia Anagnostou
Panteion University of Social Sciences and the Hellenic Foundation of European and Foreign Policy (ELIAMEP)
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Published online:
23 January 2014
Published in print:
30 April 2013
Online ISBN:
9780748689101
Print ISBN:
9780748670574
Publisher:
Edinburgh University Press

Abstract

One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give effect to its judgments. This book explores the processes of domestic execution of the European Court of Human Rights’ judgments and seeks to understand the variable patterns of implementation within and across states. It provides an interdisciplinary perspective into the multifaceted ways in which the Strasbourg Court's judgments influence and at times transform human rights standards, laws and policies at the national level. Eight country-based case studies focus on various areas of law and policy to examine how national authorities implement the ECtHR's judgments, as well as whether state compliance with these influences legal and policy change in the direction of expanding rights. A number of the contributions also explore how marginalised individuals, civil society and minority actors strategically take recourse in Strasbourg to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights are virtually unexplored in the scholarly literature. What is the impact of the ECtHR's case law on the legal norms, institutional structures and policies of national states that participate in it± Do national authorities implement the adverse ECtHR's rulings, and what factors facilitate, or conversely restrict implementation± Does social, legal and political mobilisation affect the domestic implementation of the ECtHR's judgments, as well as their potential to exert broader influence over policy and democratic reforms±

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