Influence of the European Court of Human Rights on the National Legal Systems in Central and Eastern Europe
Influence of the European Court of Human Rights on the National Legal Systems in Central and Eastern Europe
Author(s): Margaryta KhvostovaSubject(s): International Law, Human Rights and Humanitarian Law, International relations/trade, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Oficyna Wydawnicza KA AFM
Keywords: Human rights;European Court of Human Rights;Central and Eastern Europe;institutional change;Poland;Hungary;Czech Republic;Slovakia;Slovenia;Latvia;Lithuania;Estonia;
Summary/Abstract: The European Court of Human Rights has undergone substantial transformation in its competence from the times of its creation to nowadays. From one side, it induced criticism and wariness from its members. From the other side, however, such measures were encouraged by the necessity to adjust the Court to numerous new members with underdeveloped human rights protection mechanisms. Thus, this paper will assess the major changes in the machinery of the court and provide empirical analysis of the Court’s progress in internalisation of the human rights norms in the legal systems of the states of Central and Eastern Europe. For that purpose, it will indicate major systemic failures to meet the requirements of the European Convention of Human Rights, their changes over the past decade, and states’ compliance with the Court’s judgements. It concludes that despite the criticism, ECtHR has proved its efficiency in indicating and dealing with the systemic failures in the legal systems of the states under analysis.
Journal: Krakowskie Studia Międzynarodowe
- Issue Year: XVI/2019
- Issue No: 4
- Page Range: 131-145
- Page Count: 16
- Language: English