Domestic Judicial Treatment of European Court of Human Rights Case Law – příběh o kabátu, který naše soudy nosí dál než košili
Domestic Judicial Treatment of European Court of Human Rights Case Law – Near Is My Shirt, but Nearer Is My Skin
Author(s): Martin KopaSubject(s): Human Rights and Humanitarian Law, Book-Review, EU-Legislation, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: The European Court of Human Rights; the Czech Supreme Court; the Czech Supreme Administrative Court; the Czech Constitutional Court; Compliance.
Summary/Abstract: This article offers a critical contextual reading of the book Domestic Judicial Treatment of the European Court of Human Rights Case Law: Beyond Compliance (KOSAR, D. et al., Routledge, 2020) on the background of current discussions about the legitimacy of the European Court of Human Rights case law. The author draws on his personal experience with the functioning of the European Court of Human Rights, the Czech Supreme Administrative Court and the Czech Constitutional Court when confronting his observations with the book’s findings. He points out the weaker moments of the book, adds his situated observations, and suggests possible further research avenues, among which the focus on the lower courts’ use of the European Court of Human Rights case law stands out.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 29/2021
- Issue No: 2
- Page Range: 375-387
- Page Count: 14
- Language: Czech