Detailed Information on Publication Record
2017
Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design
KOSAŘ, DavidBasic information
Original name
Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design
Authors
KOSAŘ, David (203 Czech Republic, guarantor, belonging to the institution)
Edition
Utrecht Law Review, Utrecht, Utrecht University School of Law, 2017, 1871-515X
Other information
Language
English
Type of outcome
Článek v odborném periodiku
Field of Study
50501 Law
Country of publisher
Netherlands
Confidentiality degree
není předmětem státního či obchodního tajemství
References:
RIV identification code
RIV/00216224:14220/17:00096600
Organization unit
Faculty of Law
UT WoS
000403238400002
Keywords (in Czech)
soudy; soudci; Evropský soud pro lidská práva; justiční politika; judicializace; dělba moci; soudcovská nezávislost; reforma justice
Keywords in English
courts; judges; European Court of Human Rights; judicial politics; judicialization; separation of powers; judicial independence; judicial reforms
Tags
Tags
International impact, Reviewed
Změněno: 15/7/2020 08:59, Mgr. Petra Georgala
Abstract
V originále
This article discusses to what extent and how the European Court of Human Rights (ECtHR) has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.