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The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy

ISBN13: 9780748670574
Published: April 2013
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £75.00
Paperback edition , ISBN13 9780748670604

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Domestic implementation of European Court of Human Rights (ECtHR) judgments, and their impact upon national laws, policies and institutions. Since the turn of the millenium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'.

An unprecedented expansion of its case load, along with arguably high levels of compliance with its judgments, testify to its growing authority and perceived effectiveness, akin to Europe's constitutional court in human rights matters. Despite its significance as such, the effects of judgments on national laws, policies and institutions have been little explored.

By adopting an inter-disciplinary perspective, this volume seeks to fill a gap, going beyond the existing, mainly legal and descriptive scholarship. Some of the pertinent questions it asks are: Do national authorities implement Court judgments and what is their impact on national laws, policies and practices? How and why do different and less privileged social actors mobilise the human rights norms contained in the Convention and in the Court's case law? Does this case law influence rights-expansive policy reform?

More broadly, the book aims to contribute to a flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics. It covers eight country-based case studies on state implementation and domestic impact of the ECHR judgements. It provides a focus on disadvantaged social actors. It combines a top-down perspective of official institutions and actors involved in the implementation of judgements, with an interest in the bottom-up processes of social mobilisation.

Human Rights and Civil Liberties
Part I: Institutional Dynamics of Domestic Implementation:
1. The interrelationship between domestic judicial mechanisms and the Strasbourg Court rulings in Germany, Sebastian Müller and Christoph Gusy
2. Between political inertia and timid judicial activism: the attempts to overcome the Italian ‘implementation failure’, Serena Sileoni
3. The reluctant embrace: the impact of the European Court of Human Rights in post-communist Romania, Dragos, Bogdan and Alina Mungiu-Pippidi

Part II: Legal Mobilisation and the Political Context of Implementation:
4. European human rights case law and the rights of homosexuals, foreigners and immigrants in Austria, Kerstin Buchinger, Barbara Liegl and Astrid Steinkellner
5. Political opposition and judicial resistance to Strasbourg case law regarding minorities in Bulgaria, Yonko Grozev
6. Under what conditions do national authorities implement the European Court of Human Rights’ rulings? Religious and ethnic minorities in Greece, Dia Anagnostou and Evangelia Psychogiopoulou
7. A complicated affair: Turkey’s Kurds and the European Court of Human Rights, Dilek Kurban and Haldun Gülalp
8. The European Court of Human Rights and minorities in the United Kingdom: catalyst for change or hollow rhetoric?, Kimberley Brayson and Gabriel Swain
9. Politics, courts and society in the national implementation and practice of European Court of Human Rights case law, Dia Anagnostou
List of European Court of Human Rights judgments and European Commission on Human Rights cases