Publication details

Unpacking the Partnership: Typology of Constitutional Courts’ Roles in Implementation of the European Court of Human Rights’ Case Law

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Year of publication 2018
Type Article in Periodical
Magazine / Source European Constitutional Law Review
MU Faculty or unit

Faculty of Law

Web Web časopisu
Keywords European Court of Human Rights; Constitutional Courts; Implementation of ECHR; Compliance; Judicial Dialogue; Multi-level Governance; European Constitutionalism
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Description Constitutional courts are regularly depicted as the European Court of Human Rights’ (ECtHR) partners which contribute significantly to domestic implementation of the ECtHR’s case law. This article acknowledges the constitutional courts’ importance in the implementation of ECHR rights, however, it argues that the domestic implementation environment is more complex and asks for a more nuanced approach to assessing the role of constitutional courts in implementing the ECtHR case law. The article offers a typology of constitutional courts’ roles in mechanisms of implementation of the ECtHR’s case law. The typology aims to provide a more nuanced picture of constitutional court’s roles as it takes into account their interactions with other domestic actors during different stages of implementation, and their different postures towards the ECtHR’s judgments. Informed by the typology, the article revisits the debate about the significance of constitutional courts in the ECHR system.
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