The European Court of Human Rights: Implementing Strasbourg’s Judgments on Domestic Policy

Dia Anagnostou

Published by Edinburgh University Press 2013

The European Court of Human Rights

Implementing Strasbourg’s Judgments on Domestic Policy

Dia Anagnostou

https://doi.org/10.1515/9780748670581

Overview
Contents

About this book

Considers the domestic implementation of ECtHR judgments and their impact upon national laws, policies and institutions

Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide ‘rights revolution’. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments.

Dia Anagnostou explores the domestic execution of the European Court of Human Rights’ judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now.

By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies - mainly legal and descriptive - and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.

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Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
The contributors Publicly Available Download PDF	vii
Acknowledgements Publicly Available Download PDF	ix
Introduction: Untangling the domestic implementation of the European Court of Human Rights’ judgments Dia Anagnostou Requires Authentication Unlicensed Licensed Download PDF	1
Part I. Institutional Dynamics Of Domestic Implementation
1. The interrelationship between domestic judicial mechanisms and the Strasbourg Court rulings in Germany Sebastian Müller and Christoph Gusy Requires Authentication Unlicensed Licensed Download PDF	27
2. Between political inertia and timid judicial activism: the attempts to overcome the Italian ‘implementation failure’ Serena Sileoni Requires Authentication Unlicensed Licensed Download PDF	49
3. The reluctant embrace: the impact of the European Court of Human Rights in post-communist Romania Dragos Bogdan and Alina Mungiu-Pippidi Requires Authentication Unlicensed Licensed Download PDF	71
Part II. Legal Mobilisation and the Political Context of Implementation
4. European human rights case law and the rights of homosexuals, foreigners and immigrants in Austria Kerstin Buchinger, Barbara Liegl and Astrid Steinkellner Requires Authentication Unlicensed Licensed Download PDF	97
5. Political opposition and judicial resistance to Strasbourg case law regarding minorities in Bulgaria Yonko Grozev Requires Authentication Unlicensed Licensed Download PDF	122
6. Under what conditions do national authorities implement the European Court of Human Rights’ rulings? Religious and ethnic minorities in Greece Dia Anagnostou and Evangelia Psychogiopoulou Requires Authentication Unlicensed Licensed Download PDF	143
7. A complicated affair: Turkey’s Kurds and the European Court of Human Rights Dilek Kurban and Haldun Gülalp Requires Authentication Unlicensed Licensed Download PDF	166
8. The European Court of Human Rights and minorities in the United Kingdom: catalyst for change or hollow rhetoric? Kimberley Brayson and Gabriel Swain Requires Authentication Unlicensed Licensed Download PDF	188
9. Politics, courts and society in the national implementation and practice of European Court of Human Rights case law Dia Anagnostou Requires Authentication Unlicensed Licensed Download PDF	211
List of European Court of Human Rights judgments and European Commission on Human Rights cases Requires Authentication Unlicensed Licensed Download PDF	232
Index Requires Authentication Unlicensed Licensed Download PDF	238

(Deutsch)

Language: English
Publisher: Edinburgh University Press
Audience: College/higher education;
Pages
- Main content: 256
Keywords: Law

eBook

Published: April 22, 2013
ISBN: 9780748670581