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

ISBN-13: 9780748670574 / Angielski / Twarda / 2013 / 256 str.

Dia Anagnostou

Opis

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.

Spis treści

The contributors; Acknowledgements; Introduction: Untangling the domestic implementation of the European Court of Human Rights’ judgments, Dia Anagnostou; 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; 2. Between political inertia and timid judicial activism: the attempts to overcome the Italian ‘implementation failure’, Serena Sileoni; 3. The reluctant embrace: the impact of the European Court of Human Rights in post-communist Romania, Dragos, Bogdan and Alina Mungiu-Pippidi; 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; 5. Political opposition and judicial resistance to Strasbourg case law regarding minorities in Bulgaria, Yonko Grozev; 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; 7. A complicated affair: Turkey’s Kurds and the European Court of Human Rights, Dilek Kurban and Haldun Gülalp; 8. The European Court of Human Rights and minorities in the United Kingdom: catalyst for change or hollow rhetoric?, Kimberley Brayson and Gabriel Swain; 9. Politics, courts and society in the national implementation and practice of European Court of Human Rights case law, Dia Anagnostou; List of European Court of Human Rights judgments and European Commission on Human Rights cases; Index.