New Book : J.H.Gerards & J.Fleuren «Implementation of the European Convention on Human Rights and of the judgments of the ECtHR in national case law»

pubilJanneke H. Gerards and J.Fleuren have just published «Implementation of the European Convention on Human Rights and of the judgments of the ECtHR in national case law» (Intersentia, May 2014).

Here’s the abstract :

«The European Convention on Human Rights has a large impact on national law, in particular through the case-law of the European Court of Human Rights. In most Convention states, the authorities loyally implement the Court’s interpretations in their legislation, case-law and administrative decisions. Over the past few years, however, especially in some Western European democracies where the ECHR is robustly incorporated into the national legal systems, critical voices have been raised to question the degree of the Court’s influence over national law and politics.

It turns out that many of the current debates are based on two implied assumptions and intuitions. It is felt, firstly, that the Court exercises such great influence that national authorities, in particular courts, have to act as marionettes – they must follow the Court’s movements, even if they want to act differently. The second assumption is that this marionette behaviour and its constitutionally questionable consequences are facilitated and accommodated by the legal and constitutional mechanisms determining the national courts’ competences.

This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts….»

More, here.

Source : Intersentia