It does not end in Strasbourg

MultiRights Seminar with Jan Petrov presenting his paper on 'Mechanisms of implementation of the European Courts of Human Rights case-law in the post-Brighton constellation'

The impact of the European Court of Human Rights (ECtHR) on national policies, case-law and legislation has been labeled as one of the causes of the high effectiveness of the human rights regime established by the European Convention on Human Rights. The paper by Jan Petrov traces the mechanisms of the ECtHR's case-law impact on national legal systems. It analyzes the respondent state's obligation to execute the ECtHR's judgment (inter partes binding effect of the Strasbourg jurisprudence) and the doctrine of res interpretata which explains the implications of Strasbourg judgments for the states which were not parties to the proceedings. Drawing upon this analysis, the paper outlines “the ideal model” of the implementation mechanisms' structure in which the domestic authorities fulfill the role of “diffusers” and “filters”. The ideal model, however, is too simplified and neglects important recent developments both at the ECtHR level and at the national level. Therefore, this paper proposes a more nuanced multi-level issue-based model of the mechanisms of implementation of the ECHR and ECtHR's judgments, which takes into account these developments and addresses the implementation mechanisms more accurately.

Tags: Human Rights
Published Apr. 28, 2016 10:44 AM - Last modified Apr. 28, 2016 11:52 AM