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@inbook{48179,
author = {Šipulová, Katarína},
address = {London, New York},
booktitle = {Domestic Judicial Treatment of European Court of Human Rights – Beyond Compliance},
edition = {1st},
keywords = {Supreme Court; Czech Republic; European Court of Human Rights; implementation; judicial treatment; case law},
howpublished = {tištěná verze "print"},
language = {eng},
location = {London, New York},
isbn = {978-0-367-36116-7},
pages = {103-138},
publisher = {Routledge},
title = {The Supreme Court – The Story of a (Post)communist Cinderella},
url = {https://www.routledge.com/Domestic-Judicial-Treatment-of-European-Court-of-Human-Rights-Case-Law/Kosar-Petrov-Sipulova-Smekal-Vyhnanek-Janovsky/p/book/9780367361167},
year = {2020}
}
TY - CHAP
ID - 48179
AU - Šipulová, Katarína
PY - 2020
TI - The Supreme Court – The Story of a (Post)communist Cinderella
VL - Routledge Research in Human Rights Law
PB - Routledge
CY - London, New York
SN - 9780367361167
KW - Supreme Court
KW - Czech Republic
KW - European Court of Human Rights
KW - implementation
KW - judicial treatment
KW - case law
UR - https://www.routledge.com/Domestic-Judicial-Treatment-of-European-Court-of-Human-Rights-Case-Law/Kosar-Petrov-Sipulova-Smekal-Vyhnanek-Janovsky/p/book/9780367361167
N2 - The chapter is first of empirical chapters studying the application of the judicial treatment concept on three Czech apex courts. It provides an analysis of the Supreme Court, the old post-communist court largely untouched by the transition. The chapter first engages with general patterns in references to the ECtHR case law and their development over time. It analyses changes in historically negative stance of the Supreme Court towards international human rights law. It seeks to explain changes in citation patterns by looking at legal, institutional, and personnel development in the judiciary. Second, the chapter proceeds with a meso-level analysis and asks how and why the Supreme Court refers to the ECtHR’s decisions. It explores the significance of ECtHR case law references for the Supreme Court’s reasoning and employed the legal techniques. It argues that the Supreme Court slowly shifted its position towards the ECtHR due to external pushes: other domestic actors and new judges coming to the board. While in past, its use of the case law was arbitrary and selective, nowadays, it slowly moves to the position of active complier. Finally, the micro-level analyses two controversial areas of human rights protection, immaterial damages and ne bis in idem principle and discusses their evolvement under the ECtHR's influence.
ER -
ŠIPULOVÁ, Katarína. The Supreme Court – The Story of a (Post)communist Cinderella. In \textit{Domestic Judicial Treatment of European Court of Human Rights – Beyond Compliance}. 1st. London, New York: Routledge, 2020, p.~103-138, 37 pp. Routledge Research in Human Rights Law. ISBN~978-0-367-36116-7.
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