Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance

ISBN-13: 9781032173207 / Angielski / Miękka / 2021 / 308 str.

David Kosař; Jan Petrov; Katarína Sipulová

Opis

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.

Spis treści

Introduction;

PART ONE: IMPLEMENTATION OF THE STRASBOURG RULINGS: THEORETICAL FRAMEWORK;

1. Architecture of the Strasbourg System of Human Rights;

2. The Role of Domestic Courts in the Strasbourg System;

3. Navigating the Field of Judicial Compliance, Effectiveness, Implementation and Judicial Treatment of International Law;

PART TWO: JUDICIAL TREATMENT OF STRASBOURG CASE LAW: A CASE STUDY ON CZECHIA;

4. Research Design – How to Study Judicial Implementation. A Prologue to the Case Study on Czechia;

5. The Supreme Court – The Story of a (Post)communist Cinderella;

6. The Supreme Administrative Court: A New Kid on the Block;

7. The Czech Constitutional Court;

8. Judicial Treatment Patterns: More Complicated than They Seem;

PART THREE: BROADER REPERCUSSIONS;

9. Beyond Judicial Compliance: Domestic Courts in the ECHR Regime;

O autorze

David Kosař is the Head of the Judicial Studies Institute at Masaryk University Faculty of Law, Czechia.

 

Jan Petrov is a Senior Researcher at the Judicial Studies Institute, Masaryk University Faculty of Law, Czechia

 

Katarína Šipulová is a Senior Researcher at the Judicial Studies Institute, Masaryk University Faculty of Law, Czechia.

 

Hubert Smekal is an Assistant Professor at the Faculty of Social Studies and Senior Researcher at the Judicial Studies Institute, Masaryk University, Czechia.

 

Ladislav Vyhnánek is an Assistant Professor at Masaryk University Faculty of Law, Czechia.

 

Jozef Janovský holds masters in Applied Statistics (the University of Oxford), and political science (Masaryk University). He works in various quantitative roles in both public and private sector.