Judikatura Evropského soudu pro lidská práva v praxi Nejvyššího správního soudu
The Case Law of the European Court of Human Rights and the Practice of the Supreme Administrative Court

Summary/Abstract: This article focuses on judicial treatment of the European Court of Human Rights case law by the Supreme Administrative Court, as analysed in the book Domestic Judicial Treatment of the European Court of Human Rights Case Law: Beyond Compliance (KOSAŘ, D. et al. Routledge, 2020). The article discusses additional important elements that influence the use of ECtHR case law by Czech apex courts. These additional elements shed light on the Czech practice, especially when compared to the situation in Hungary and Poland. The article also critically comments on the Czech Constitutional Court judgment concerning the assessment of a domestic law’s conformity with an international human rights treaty. Finally, the author presents his situated contemplations of a judge of the Czech Supreme Administrative Court on cases where a national court revolts against a European Court of Human Rights judgment.

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