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 orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court's judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR's judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.

Contents: Preface. Part I Introduction: Current challenges in European multilevel human rights protection, Anja Seibert-Fohr and Mark E. Villiger; Keynote address, Dean Spielmann. Part II Binding Effects and Declaratory Nature of ECtHR Judgments: 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?, Hans Joachim Cremer; The role of the legislative branch in the implementation of the judgments of the European Court of Human Rights, Almut Wittling-Vogel. Part III Award of Damages: 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 Puechavy. Part IV Subsidiarity: The constellation of global and national courts: jurisdictional redundancy and interchange, Sabino Cassese; Subsidiarity in the control of decisions based on proportionality: an analysis on 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. Part V The Role of National Courts in the Implementation of ECtHR Judgments: 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?, Peter Kovacs. Part VI The Future Role of the ECtHR and National Courts in Implementation: 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, Lino-Alexandre Sicilianos.