Mechanisms of implementation of the European Court of Human Rights' case-law in the post-Brighton constellation

PETROV, Jan. Mechanisms of implementation of the European Court of Human Rights' case-law in the post-Brighton constellation. In PluriCourts: Multirights seminar. 2016.

Basic information

• Original name: Mechanisms of implementation of the European Court of Human Rights' case-law in the post-Brighton constellation
• Authors: PETROV, Jan.
• Edition: PluriCourts: Multirights seminar, 2016.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50500 5.5 Law
• Country of publisher: Norway
• Confidentiality degree: is not subject to a state or trade secret
• Organization unit: Faculty of Law
• Keywords in English: ECHR; Execution of ECtHR judgments; Compliance with international law

Abstract

The paper traces the mechanisms of the ECtHR's case-law impact on national legal systems. It analyzes the respondent state's obligation to execute the ECtHR's judgment (inter partes binding effect of the Strasbourg jurisprudence) and the doctrine of res interpretata which explains the implications of Strasbourg judgments for the states which were not parties to the proceedings. Drawing upon this analysis, the paper outlines “the ideal model” of the implementation mechanisms' structure in which the domestic authorities fulfill the role of “diffusers” and “filters”. The ideal model, however, is too simplified and neglects important recent developments both at the ECtHR level and at the national level. Therefore, this paper proposes a more nuanced multi-level issue-based model of the mechanisms of implementation of the ECHR and ECtHR's judgments, which takes into account these developments and addresses the implementation mechanisms more accurately.