Judgments of the European Court of Human Rights - effects and implementation /

This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR's jurisdiction within the Convention States. The volume seeks new methods of ori...

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Bibliographic Details
Other Authors: Seibert-Fohr, Anja (Editor), Villiger, Mark Eugen (Editor)
Format: Book
Language:English
Published: [Farnham, Surrey, England] : Baden-Baden, Germany : Ashgate ; Nomos, 2014
Edition:1. edition. [International edition]
Series:Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ; volume 2
Subjects:
Table of Contents:
  • Current challenges in European multilevel human rights protection / Anja Seibert-Fohr & Mark E. Villiger
  • Keynote address / Dean Spielmann
  • Binding effect and declaratory nature of the judgments of the European Court of Human Rights : an overview / Mark E. Villiger
  • Prescriptive orders in the operative provisions of judgments by the European Court of Human Rights : beyond res judicanda?
  • The role of the legislative branch in the implementation of the judgments of the European Court of Human Rights / Almut Wittling-Vogel
  • Can't get just satisfaction / Julia Laffranque
  • Is there a need to advance the jurisprudence of the European Court of Human Rights with regard to the award of damages? / Elisabeth Lambert Abdelgawad
  • France and the award of damages : the payment of just satisfaction and costs and expenses in France / Michel Puéchavy
  • The constellation of global and national courts : jurisdictional redundancy and interchange / Sabino Cassese
  • Subsidiarity in the control of decisions based on proportionality : an analysis of the basis of the implementation of ECtHR judgments into German law / Angelika Nußberger
  • Are human rights undemocratic? / John Laws
  • Subsidiarity and the Brighton Declaration / Derek Walton
  • The struggle by the German courts and legislature to transpose the Strasbourg case law on preventive detention into German law / Thomas Giegerich
  • How a national judge implements judgments of the Strasbourg court / Jacek Chlebny
  • International law in the recent jurisprudence of the Hungarian constitutional court : opening of a new tendency? / Péter Kovács
  • From implementation to translation : applying the ECtHR judgments in the domestic legal orders / Andreas Paulus
  • The role of the European Court of Human Rights in the execution of its own judgments : reflections on Article 46 ECHR / Linos-Alexander Sicilianos