The Engagement of the European Court of Human Rights: Oslo - Strasbourg
Amrei Müller, Post-Doctoral Fellow at PluriCourts, published an article entitled "Oslo – Strasbourg – back to Oslo and/or into Wider Europe? The ECtHR's Engagement with the Decisions of Norwegian Courts for Strengthening the Convention System as a Cooperative System" in the Nordic Journal of Human Rights (vol.33, issue 1, pp.11-51). Read the article.
Against the background of the wider European context, this article analyses how the ECtHR and Norwegian courts cooperate for the effective implementation of the ECHR in Norway.
The article presents an analysis of how the ECtHR endorses and promotes the direct engagement of Norwegian courts with the ECHR and ECtHR jurisprudence, as well as how it endorses and promotes good procedures and high-quality reasoning of these courts, which are likely to produce outcomes in conformity with the ECHR. In addition, it examines whether the ECtHR also encourages the Norwegian courts to actively develop the rights of the Convention (“evolutive” interpretation). The article furthermore discusses the potential problems of domestic courts becoming more active in applying the Convention, both for the Norwegian constitutional structure and the Convention system, and how the ECtHR and Norwegian courts address or should address these problems and improve their cooperation.
The analysis is done inter alia through a comparative approach, highlighting what Norway can learn from other member states of the CoE; and what other member states can learn from Norway.