Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-Law: A Comparative Analysis - Rilegato

Rilegato

ISBN 10: 1780682174 ISBN 13: 9781780682174

Casa editrice: Intersentia Uitgevers N V, 2014

Riassunto

The European Convention on Human Rights (ECHR) has a large impact on national law, in particular through the case-law of the European Court of Human Rights (ECtHR). In most ECHR States, the authorities loyally implement the Court's interpretations in their legislation, case-law, and administrative decisions. Over the past few years, however, especially in some Western European democracies where the ECHR is robustly incorporated into the national legal systems, critical voices have been raised to question the degree of the Court's influence over national law and politics. It turns out that many of the current debates are based on two implied assumptions and intuitions. It is felt, firstly, that the Court exercises such great influence that national authorities, in particular courts, have to act as marionettes. They must follow the Court's movements, even if they want to act differently. The second assumption is that this marionette behavior and its constitutionally questionable consequences are facilitated and accommodated by the legal and constitutional mechanisms determining the national courts' competences. This book questions the correctness of these assumptions. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between: the requirements set by the Court * the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention * the way in which these courts actually use these competences to deal with the Court's interpretative approaches * the type of criticism that is leveled at the Court's case-law. These elements are studied from the perspective of the Court, as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden, and the UK.

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Informazioni sull?autore

Dr J.W.A. (Joseph) Fleuren studied law and philosophy at the Radboud University Nijmegen, the Netherlands (LL.M. 1992, LL.D. 2004, MA 2006). From 1991 until 1993 he has been a teacher of law, philosophy and professional ethics at the Nijmegen College of Higher Education. Since 1993 he is a researcher and a teacher at the Law Faculty of the Radboud University Nijmegen, originally in the Department of Constitutional law, later on in the Department of Jurisprudence. From 2000 Joseph Fleuren is also a deputy judge at the District Court of Zutphen (since 2013 the District Court of Gelderland). 

Dalla quarta di copertina

The European Convention on Human Rights has a large impact on national law, in particular through the case-law of the European Court of Human Rights. In most Convention states, the authorities loyally implement the Court’s interpretations in their legislation, case-law and administrative decisions. Over the past few years, however, especially in some Western European democracies where the ECHR is robustly incorporated into the national legal systems, critical voices have been raised to question the degree of the Court’s influence over national law and politics.

It turns out that many of the current debates are based on two implied assumptions and intuitions. It is felt, firstly, that the Court exercises such great influence that national authorities, in particular courts, have to act as marionettes – they must follow the Court’s movements, even if they want to act differently. The second assumption is that this marionette behaviour and its constitutionally questionable consequences are facilitated and accommodated by the legal and constitutional mechanisms determining the national courts’ competences.

This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court’s interpretative approaches; and the type of criticism that is levelled at the Court’s case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom.

Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states – scholars, as well as judges, policy makers and politicians – but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.

Dettagli dell'edizione

• Editore: Intersentia Uitgevers N V
• Data di pubblicazione: 2014
• Lingua: Inglese
• ISBN 10: 1780682174
• ISBN 13: 9781780682174
• Rilegatura: Copertina rigida
• Numero edizione: 1
• Numero di pagine: 385
• Redattore: Gerards Janneke, Fleuren Joseph
• Contatto del produttore: non disponibile
• Persona responsabile: non disponibile