The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy
The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy
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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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Front Matter
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Introduction
Untangling the Domestic Implementation of the European Court of Human Rights' Judgments
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Part I Institutional Dynamics of Domestic Implementation
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1
The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany
Sebastian Müller andChristoph Gusy
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2
Between Political Inertia and Timid Judicial Activism: The Attempts to Overcome the Italian ‘Implementation Failure’
Serena Sileoni
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3
The Reluctant Embrace: The Impact of the European Court of Human Rights in Post-Communist Romania
Dragoș Bogdan andAlina Mungiu-Pippidi
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1
The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany
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Part II Legal Mobilisation and the Political Context of Implementation
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4
European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
Kerstin Buchinger and others
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5
Political Opposition and Judicial Resistance to Strasbourg Case Law Regarding Minorities in Bulga
Yonko Grozev
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6
Under What Conditions Do National Authorities Implement the European Court of Human Rights' Rulings? Religious and Ethnic Minorities in Greece
Dia Anagnostou andEvangelia Psychogiopoulou
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7
A Complicated Affair: Turkey's Kurds and the European Court of Human Rights
Dilek Kurban andHaldun Gülalp
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8
The European Court of Human Rights and Minorities in the United Kingdom: Catalyst for Change or Hollow Rhetoric?
Kimberley Brayson andGabriel Swain
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9
Politics, Courts and Society in the National Implementation and Practice of European Court of Human Rights Case Law
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4
European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
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End Matter
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