Implementation of the ECHR and the case-law of the European Court of Human Rights in national case-law
a comparative study
- What requirements have been formulated by the ECtHR in relation to the implementation of the ECHR in national law and the application of ECtHR case-law by national courts, and to what ex-tent does the ECtHR allow for national peculiarities?
- How does national constitutional law provide for the implementation of international law, par-ticularly the ECHR, in the national legal order?
- Which constitutional powers and instruments do national courts use to guarantee that the state complies with its obligations under the ECHR?
- How do national courts deal with the case-law of the ECtHR and what is the influence of ECtHR judgments on national case-law?
- To what extent are the ECtHR and its case-law the subject of national debate and, to the extent that such debate exists, how does it influence debates on national courts’ powers?
- The Court's raison d'être
- The shared responsibility of the Court and national institutions, in particular the national courts
- Giving shape to shared responsibility: principles and methods of interpretation
- Procedural review and 'judicial minimalism'
- Judicial dialogue
- Dialogue and national political and media criticism
- Summary and conclusion
- Gerards, J.H., Fleuren, J.W.A.
- Radboud University Nijmegen - Faculty of Law, WODC
- Place of publication:
- Radboud University Nijmegen - Faculty of Law
- Year of publication:
The European Convention of Human Rights (ECHR) has had a great impact on Dutch law and Dutch case-law. The study concentrates on five research questions:
The European Court of Human Rights and the national courst - giving shape to the notion of 'shared responsibility' - J. Gerards
Belgium - G. Schaiko, P. Lemmens en K. Lemmens
France - C. Lageot
Germany - E. Klein
The Netherlands - J. Fleuren en J. Gerards
Sweden - I. Cameron and Th. Bull
United Kingdom - R. Masterman
Annex - Questionaire for national reports
- Radboud Universiteit Nijmegen - Faculteit der Rechtsgeleerdheid