Domestic Judicial Treatment of European Court of Human Rights Case Law

Name: Domestic Judicial Treatment of European Court of Human Rights Case Law
Brand: Taylor & Francis

Taylor & Francis

The European Court of Human Rights (\u201CECtHR\u201D) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR\u2019s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court\u2019s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR\u2019s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volat.