PluriCourts Lunch: The ECtHR’s Reliance on and Engagement with Domestic Court Decisions
Amrei Sophia Müller will present a draft paper analysing some aspects of the European Court of Human Rights’ (ECtHR) reliance on and engagement with domestic court decisions.
The paper has two interrelated aims: first, to establish the impact that domestic court decisions can have on the ECtHR’s interpretation and application of the Convention, as well as the development of the law of the ECHR. Second, to understand whether the ECtHR uses or could use its engagement with domestic court decisions as a ‘strategic’ tool to strengthen the cooperative elements of the Convention system and thereby the effective domestic implementation of Convention rights.
The analysis focuses on more recent ECtHR jurisprudence concerning Germany and Russia. This allows to evaluate whether the ECtHR’s engagement with and reliance on domestic court decisions varies, depending on the state of development and effectiveness of the national system for the protection of human rights. Legal and practical problems that may arise from the ECtHR’s practice are also discussed.