Implementation of the ECHR and the case-law of the European Court of Human Rights in national case-law

International affairs / Ecrm

Implementation of the ECHR and the case-law of the European Court of Human Rights in national case-law

a comparative study

Summary

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:

  1. 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?
  2. How does national constitutional law provide for the implementation of international law, par-ticularly the ECHR, in the national legal order?
  3. Which constitutional powers and instruments do national courts use to guarantee that the state complies with its obligations under the ECHR?
  4. How do national courts deal with the case-law of the ECtHR and what is the influence of ECtHR judgments on national case-law?
  5. 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?

Index

Executive summary

The European Court of Human Rights and the national courst - giving shape to the notion of 'shared responsibility' - J. Gerards

  1. Introduction
  2. The Court's raison d'être
  3. The shared responsibility of the Court and national institutions, in particular the national courts
  4. Giving shape to shared responsibility: principles and methods of interpretation
  5. Procedural review and 'judicial minimalism'
  6. Judicial dialogue
  7. Dialogue and national political and media criticism
  8. Summary and conclusion
Annex - Questions for the interviews at the European Court of Human Rights
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

Publication data

Author(s):
Gerards, J.H., Fleuren, J.W.A.
Organization(s):
Radboud University Nijmegen - Faculty of Law, WODC
Place of publication:
Nijmegen
Publisher:
Radboud University Nijmegen - Faculty of Law
Year of publication:
2013

Order information

Address:
Radboud Universiteit Nijmegen - Faculteit der Rechtsgeleerdheid