EUROPEAN COURT OF HUMAN RIGHTS AND NATIONAL COURTS: THE MACEDONIAN EXPERIENCE
EUROPEAN COURT OF HUMAN RIGHTS AND NATIONAL COURTS: THE MACEDONIAN EXPERIENCE

Summary/Abstract: In this paper we will discuss the relationship between the European Court of Human Rights (ECtHR) and the Constitutional Court of the Republic of Macedonia (CCRM). We will analyze the decisions of the CCRM (reached after the ratification of the ECHR until 2016) with the intention to answer the following questions: Does the Court refer to the ECHR and the case law of the ECtHR in its decisions? Does it apply the Convention? How the case law of the ECtHR is integrated in its decisions? Based on the analysis we can conclude that the impact of the ECHR on the Macedonian legal order in terms of its implementation by the CCRM is far from satisfactory, and attempts to explain why the Court has failed to play a significant role in the Europeanization of the country.

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