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Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance book cover

1st Edition

Domestic Judicial Treatment of European Court of Human Rights Case Law Beyond Compliance

By David Kosař, Jan Petrov, Katarína Šipulová, Hubert Smekal, Ladislav Vyhnánek, Jozef Janovský Copyright 2020
308 Pages
by Routledge

306 Pages
by Routledge

306 Pages
by Routledge
Also available as eBook on:
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore... Read more

Introduction;



PART ONE: IMPLEMENTATION OF THE STRASBOURG RULINGS: THEORETICAL FRAMEWORK;



1. Architecture of the Strasbourg System of Human Rights;



2. The Role of Domestic Courts in the Strasbourg System;



3. Navigating the Field of Judicial Compliance, Effectiveness, Implementation and Judicial Treatment of International Law;



PART TWO: JUDICIAL TREATMENT OF STRASBOURG CASE LAW: A CASE STUDY ON CZECHIA;



4. Research Design – How to Study Judicial Implementation. A Prologue to the Case Study on Czechia;



5. The Supreme Court – The Story of a (Post)communist Cinderella;



6. The Supreme Administrative Court: A New Kid on the Block;



7. The Czech Constitutional Court;



8. Judicial Treatment Patterns: More Complicated than They Seem;



PART THREE: BROADER REPERCUSSIONS;



9. Beyond Judicial Compliance: Domestic Courts in the ECHR Regime;

Biography

David Kosař is the Head of the Judicial Studies Institute at Masaryk University Faculty of Law, Czechia.



 



Jan Petrov is a Senior Researcher at the Judicial Studies Institute, Masaryk University Faculty of Law, Czechia



 



Katarína Šipulová is a Senior Researcher at the Judicial Studies Institute, Masaryk University Faculty of Law, Czechia.



 



Hubert Smekal is an Assistant Professor at the Faculty of Social Studies and Senior Researcher at the Judicial Studies Institute, Masaryk University, Czechia.



 



Ladislav Vyhnánek is an Assistant Professor at Masaryk University Faculty of Law, Czechia.



 



Jozef Janovský holds masters in Applied Statistics (the University of Oxford), and political science (Masaryk University). He works in various quantitative roles in both public and private sector.

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