
Contents
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Introduction Untangling the Domestic Implementation of the European Court of Human Rights' Judgments
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4 European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
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Legal Support for Minority Complaints Legal Support for Minority Complaints
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Judgments of the ECtHR Finding Violations Judgments of the ECtHR Finding Violations
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Implementation of the ECtHR's Judgments and Minority-Related Issues Implementation of the ECtHR's Judgments and Minority-Related Issues
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Factors Affecting Domestic Implementation and Policy Change Factors Affecting Domestic Implementation and Policy Change
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Notes Notes
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5 Political Opposition and Judicial Resistance to Strasbourg Case Law Regarding Minorities in Bulga
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Published:April 2013
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Abstract
Since the late 1990s in Bulgaria, a significant number of the ECtHR's judgments raised procedural and substantive legal issues pertaining to the rights of political participation and/or protection of ethnic, racial and religious minorities. While authorities eventually implemented domestic measures in judgments involving procedural issues, they have implemented minimally or not at all adverse judgments concerning the substantive rights claims affecting religious and ethnic minorities. Most judgments have seen only partial general measures and limited individual measures. This chapter argues that such variation is significantly determined by factors like political party interests and public attitudes. Where the issue raised by a judgment does not affect negatively any political or institutional interest, or where there is significant public support for it, there is a greater likelihood of effective implementation, as well as legal and policy change. As in other countries, the position taken by national judges can be a pivotal parameter, which, however, in the Bulgarian case too has been highly reluctant and restrained in upholding the rights claims raised by members of minorities.
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