Další formáty:
BibTeX
LaTeX
RIS
@inbook{48183,
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; domestic courts},
howpublished = {tištěná verze "print"},
language = {eng},
location = {Abingdon},
isbn = {978-0-367-36116-7},
pages = {36-55},
publisher = {Routledge},
title = {The Role of Domestic Courts in the Strasbourg System},
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 - 48183
AU - Kosař, David - Petrov, Jan
PY - 2020
TI - The Role of Domestic Courts in the Strasbourg System
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
KW - domestic courts
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 focuses more closely on the role of courts and judges in the implementation of Strasbourg case law. First, it identifies the various actors within the domestic judiciaries who influence the implementation processes. Subsequently, it zeroes in on the role of constitutional courts and ordinary courts in implementing Strasbourg case law. It identifies different motivations of domestic judges for engaging with the Strasbourg case law, shows different strategies domestic courts use towards the ECtHR, and discusses the factors that affect the relationship between domestic courts and the ECtHR. This chapter unpacked the domestic judiciary and identified its varied roles in the ECtHR’s case law implementation. It explained the high capacity of domestic judiciary to contribute to the effectiveness and domestic embeddedness of the Strasbourg Court’s judgments. However, it also showed that the domestic judiciary has to be further differentiated. There are numerous structural, institutional, and contingent factors that may largely influence how the given court treats the Strasbourg Court’s rulings. Even on the level of apex courts, there are several internal actors with potentially differing preferences and positions that may affect the treatment of the ECtHR’s case law by apex courts.
ER -
KOSAŘ, David a Jan PETROV. The Role of Domestic Courts in the Strasbourg System. In \textit{Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance}. 1. vyd. Abingdon: Routledge, 2020, s.~36-55. Routledge Research in Human Rights Law. ISBN~978-0-367-36116-7.
|
