Publication details

ECtHR – Ally, Adversary, or Foe? The Attitudes of Judges Towards International Human Rights Law in the (Post-) Transitioning Area

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Year of publication 2019
Type Article in Periodical
Magazine / Source Jahrbuch für Ostrecht
MU Faculty or unit

Faculty of Law

Web Obsah čísla časopisu
Keywords European Court of Human Rights; Supreme Court; post-communist judiciaries; human rights; referencing; judicial treatmetn
Description The role of domestic courts in the implementation of Strasbourg case law keeps puzzling both legal scholars and social scientists, especially due to rising criticism and legitimacy challenges of Strasbourg following some of its more controversial rulings. Does the ECtHR enjoy the output legitimacy in terms of the diffusion of its findings? Do domestic courts use and refer to Strasbourg? What are the conditions for such diffusion? This article analyses a case study of the Czech Supreme Court and the trends in its stance towards the ECtHR. It recommends measures for the successful internalisation and adoption of international human rights case law by judges of the old conservative courts in transitioning jurisdictions. The article builds on the dataset and analyses of the “Beyond Compliance” project.
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