Compliance With Judgments Of The European Court Of Human Rights
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Compliance With Judgments Of The European Court Of Human Rights
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Author : Ramute Remezaite
language : en
Publisher: BRILL
Release Date : 2023-12-18
Compliance With Judgments Of The European Court Of Human Rights written by Ramute Remezaite and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-18 with Law categories.
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Strategies Of Compliance With The European Court Of Human Rights
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Author : Andreas von Staden
language : en
Publisher: University of Pennsylvania Press
Release Date : 2018-05-02
Strategies Of Compliance With The European Court Of Human Rights written by Andreas von Staden and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-02 with Law categories.
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
Small State Compliance
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Author : Sigrún Ingibjörg Gísladóttir
language : en
Publisher:
Release Date : 2016
Small State Compliance written by Sigrún Ingibjörg Gísladóttir and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Compliance With Judgments Of International Courts
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Author : M.K. Bulterman
language : en
Publisher: BRILL
Release Date : 2023-11-27
Compliance With Judgments Of International Courts written by M.K. Bulterman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
The symposium Compliance with Judgments of International Courts was held in Leiden on 7 October 1994, on the occasion of the presentation of a Liber Amicorum to Professor Henry G. Schermers. The subject, Compliance with Judgments of International Courts, was discussed by eminent speakers of the International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Communities. The topic is one of great practical importance and an almost undeveloped area of jurisprudence. While most national legal orders employ centralized mechanisms for the enforcement of judgments, such mechanisms are generally lacking at the international level. This raises particular problems which were highlighted during the symposium. The contributions of individual speakers as well as the discussions during the conference are incorporated in this book. The different contexts in which the three international courts are faced with the problem of compliance, and the different experiences of the courts in regard to compliance with their judgments, provide an opportunity to compare and to learn. Discussion on a subject of such practical importance constitutes a small but valuable contribution to the development of general international law.
Compliance With Judgments Of International Courts
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Author : Mielle K. Bulterman
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1996
Compliance With Judgments Of International Courts written by Mielle K. Bulterman and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
10. List of Sponsors.
Choices For Compliance
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Author : Bernd Hilmar Johannes Beber
language : en
Publisher:
Release Date : 2003
Choices For Compliance written by Bernd Hilmar Johannes Beber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Civil law categories.
The Execution Of Judgments Of The European Court Of Human Rights
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Author : Elisabeth Lambert-Abdelgawad
language : en
Publisher: Council of Europe
Release Date : 2008-01-01
The Execution Of Judgments Of The European Court Of Human Rights written by Elisabeth Lambert-Abdelgawad and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Political Science categories.
An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.
Domestic Judicial Treatment Of European Court Of Human Rights Case Law
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Author : David Kosař
language : en
Publisher: Routledge
Release Date : 2020-02-28
Domestic Judicial Treatment Of European Court Of Human Rights Case Law written by David Kosař and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
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 prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.
Parliaments And The European Court Of Human Rights
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Author : Alice Donald
language : en
Publisher: Oxford University Press
Release Date : 2016-08-19
Parliaments And The European Court Of Human Rights written by Alice Donald and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-19 with Law categories.
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
Compliance With Judgments Of The European Court Of Human Rights
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Author : Ramute Remezaite
language : en
Publisher:
Release Date : 2021
Compliance With Judgments Of The European Court Of Human Rights written by Ramute Remezaite and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.