Synopses & Reviews
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments.
Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now.
By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Synopsis
This collection explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. Discover how marginalised individuals, civil society and minority actors take recourse in the Strasbourg Court to challenge state laws, policies and practices.
Synopsis
Considers the domestic implementation of court's judgments and their impact upon national laws, policies and institutions
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments.
Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now.
By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies - mainly legal and descriptive - and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Find Out More
- See the full Table of Contents
- Find out more about the contributors
- Read and download the introduction, 'Untangling the domestic implementation of the European Court of Human Rights' judgments' by Dia Anagnostou, for free now (pdf)
About the Author
Dia Anagnostou is Assistant Professor of Comparative Politics, in Panteion University of Social Sciences, and Senior Research Fellow at the Hellenic Foundation of European and Foreign Policy (ELIAMEP) in Athen at the Panteion University of Social Sciences and the Hellenic Foundation of European and Foreign Policy (ELIAMEP).
Table of Contents
The contributors
Acknowledgements
Introduction: Untangling the domestic implementation of the European Court of Human Rights' judgments
Dia Anagnostou
Part I: Institutional Dynamics of Domestic Implementation
1. The interrelationship between domestic judicial mechanisms and the Strasbourg Court rulings in Germany
Sebastian Müller and Christoph Gusy
2. Between political inertia and timid judicial activism: the attempts to overcome the Italian 'implementation failure'
Serena Sileoni
3. The reluctant embrace: the impact of the European Court of Human Rights in post-communist Romania
Dragos Bogdan and Alina Mungiu-Pippidi
Part II: Legal Mobilisation and the Political Context of Implementation
4. European human rights case law and the rights of homosexuals, foreigners and immigrants in Austria
Kerstin Buchinger, Barbara Liegl and Astrid Steinkellner
5. Political opposition and judicial resistance to Strasbourg case law regarding minorities in Bulgaria
Yonko Grozev
6. Under what conditions do national authorities implement the European Court of Human Rights' rulings? Religious and ethnic minorities in Greece
Dia Anagnostou and Evangelia Psychogiopoulou
7. A complicated affair: Turkey's Kurds and the European Court of Human Rights
Dilek Kurban and Haldun Gülalp
8. The European Court of Human Rights and minorities in the United Kingdom: catalyst for change or hollow rhetoric?
Kimberley Brayson and Gabriel Swain
9. Politics, courts and society in the national implementation and practice of European Court of Human Rights case law
Dia Anagnostou
List of European Court of Human Rights judgments and European Commission on Human Rights cases
Index