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@inbook{48182, author = {Kosař, David and Petrov, Jan}, address = {Abingdon}, booktitle = {Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance}, edition = {1}, keywords = {Strasbourg System of Human Rights;European Court of Human Rights; judicial treatment; compliance; implementation}, howpublished = {tištěná verze "print"}, language = {eng}, location = {Abingdon}, isbn = {978-0-367-36116-7}, pages = {19-35}, publisher = {Routledge}, title = {Architecture of the Strasbourg System of Human Rights}, 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 - 48182 AU - Kosař, David - Petrov, Jan PY - 2020 TI - Architecture of the Strasbourg System of Human Rights VL - Routledge Research in Human Rights Law PB - Routledge CY - Abingdon SN - 9780367361167 KW - Strasbourg System of Human Rights;European Court of Human Rights KW - judicial treatment KW - compliance KW - implementation 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 - This chapter sketches the basic features of the domestic effects of the Strasbourg judgments, namely the inter partes effect and the so-called res interpretata effect. It also presents the typical roles domestic authorities play in the processes of the ECtHR’s case law implementation, and shows their “diffusing” and “filtering” functions vis-a-vis the Strasbourg Court. Subsequently, it problematizes the model of diffusers and filters, and provides a more nuanced account of the domestic actors’ significance in the Convention system. In the chapter, it is concluded that the implementation process and its outcome depend on (1) the number of (domestic) actors taking part in the implementation process, (2) their stances towards the ECtHR’s judgment to be implemented, (3) mutual relations and interactions among these actors, and (4) their respective power within the system and their ability and readiness to act. ER -
KOSAŘ, David and Jan PETROV. Architecture of the Strasbourg System of Human Rights. In \textit{Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance}. 1st ed. Abingdon: Routledge, 2020, p.~19-35. Routledge Research in Human Rights Law. ISBN~978-0-367-36116-7.
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