Edinburgh University Press
The European Court of Human Rights
About this book
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. This book explores the domestic execution of the European Court of Human Rights’ judgments and dissects the variable patterns of implementation within and across states. It also 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, this volume seeks to go beyond the existing, mainly legal and descriptive studies and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Topics
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Frontmatter
i -
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Contents
v -
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The contributors
vii -
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Acknowledgements
ix -
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Introduction: Untangling the domestic implementation of the European Court of Human Rights’ judgments
1 - Part I. Institutional Dynamics Of Domestic Implementation
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1. The interrelationship between domestic judicial mechanisms and the Strasbourg Court rulings in Germany
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2. Between political inertia and timid judicial activism: the attempts to overcome the Italian ‘implementation failure’
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3. The reluctant embrace: the impact of the European Court of Human Rights in post-communist Romania
71 - Part II. Legal Mobilisation and the Political Context of Implementation
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4. European human rights case law and the rights of homosexuals, foreigners and immigrants in Austria
97 -
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5. Political opposition and judicial resistance to Strasbourg case law regarding minorities in Bulgaria
122 -
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6. Under what conditions do national authorities implement the European Court of Human Rights’ rulings? Religious and ethnic minorities in Greece
143 -
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7. A complicated affair: Turkey’s Kurds and the European Court of Human Rights
166 -
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8. The European Court of Human Rights and minorities in the United Kingdom: catalyst for change or hollow rhetoric?
188 -
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9. Politics, courts and society in the national implementation and practice of European Court of Human Rights case law
211 -
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List of European Court of Human Rights judgments and European Commission on Human Rights cases
232 -
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Index
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