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@inbook{1574721,
author = {Kosař, David and Petrov, Jan},
address = {Oxford},
booktitle = {How International Law Works in Times of Crisis},
edition = {1},
editor = {George Ulrich a Ineta Ziemele},
keywords = {European Convention on Human Rights; European Court of Human Rights; compliance with international law; implementation of international judicial decisions; application of ECHR by domestic courts},
howpublished = {tištěná verze "print"},
language = {eng},
location = {Oxford},
isbn = {978-0-19-884966-7},
pages = {255-271},
publisher = {Oxford University Press},
title = {The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights},
url = {https://global.oup.com/academic/product/how-international-law-works-in-times-of-crisis-9780198849667?cc=cz&lang=en&#},
year = {2019}
}
TY - CHAP
ID - 1574721
AU - Kosař, David - Petrov, Jan
PY - 2019
TI - The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights
VL - European Society of International Law
PB - Oxford University Press
CY - Oxford
SN - 9780198849667
KW - European Convention on Human Rights
KW - European Court of Human Rights
KW - compliance with international law
KW - implementation of international judicial decisions
KW - application of ECHR by domestic courts
UR - https://global.oup.com/academic/product/how-international-law-works-in-times-of-crisis-9780198849667?cc=cz&lang=en&#
L2 - https://is.muni.cz/publication/1574721/cs/The-Domestic-Judiciary-in-the-Architecture-of-the-Strasbourg-System-of-Human-Rights/Kosar-Petrov?vysledek=94274
N2 - The Strasbourg system of human rights has been going through a backlog, legitimacy and implementation crisis during the past decade. Debates addressing the future of the ECHR system and seeking answers to those challenges have concentrated on the domestic level of the Strasbourg system. This chapter concurs that the domestic actors, and the domestic judiciary in particular, are essential for the effectiveness and legitimacy of the Strasbourg system since they “diffuse” the ECtHR’s conclusions domestically and subsequently “filter” the human rights claims. However, the chapter seeks a more nuanced approach to the role of domestic courts in the architecture of the ECHR system. It problematizes the contribution of domestic courts to the ECHR’s effectiveness on three accounts. First, courts are not the sole actors involved in domestic implementation mechanisms. The judiciary enters into multiple interactions with other domestic actors and is not necessarily always victorious. Second, there are several actors within the judiciary who may have different attitudes to the ECtHR such as the constitutional court, apex courts, lower courts, court presidents and judicial associations. Thrid, not all those actors unequivocally support implementation of Strasbourg case law and some of them have shown considerable resistance to the ECtHR. These insights should provide a more nuanced basis for addressing the future of the ECHR system.
ER -
KOSAŘ, David and Jan PETROV. The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights. In George Ulrich a Ineta Ziemele. \textit{How International Law Works in Times of Crisis}. 1st ed. Oxford: Oxford University Press, 2019, p.~255-271. European Society of International Law. ISBN~978-0-19-884966-7.
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