The Role of the European Court of Human Rights in the Execution of its own Judgments: Reflections on Article 46 ECHR

Sicilianos, Linos-Alexander

doi:10.5771/9783845259345_285

Cited by 5 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…This trend of expansion of the ECtHR is simultaneously also a point of contrast with some supreme jurisdictions or national political institutions reaching certain discussions where the same authority of the ECtHR questions the relative legitimacy of its decisions and prerogatives (Madsen, 2016;Thym, 2017;Fokas, 2017;Mendes & Venzke, 2018;Temperman et al, 2019;Neuman, 2020;Lobos, 2020). The contracting states according to Article 46 ECHR are thus obliged: "(...) to comply with the final judgments of the ECtHR on disputes to which they are parties (…)" (Sicilianos, 2014;Glas, 2019;Piątek, 2019;Kadelbach et al, 2019). 8 It is a judicial control mechanism of an invasive nature and as a consequence of the extension of the powers it carries out as a body and which determines the immediate willingness of the States to withdraw from the ECHR given that they consider that the obiter dictum of the sentence of the ECtHR is mandatory (Nussberger, 2020;Sudre, 2021).…”

Section: What About the Judicial Activism Of The Ecthr?mentioning

confidence: 99%

Principled resistance and future of the ECtHR

Liakopoulos

2024

REJ

View full text Add to dashboard Cite

The present paper tries to focus and analyze a particular type of withdrawal of State members of the European Convention of Human Rights (ECHR) from it due to non-execution of judgments of the European Court of Human Rights (ECtHR). What is the legal circle of this type of withdrawal? What is the role of the ECtHR? Are there any examples of active disobedience from any State members of the European Convention of Human Rights (ECHR) from it due to non-execution of judgments of the European Court of Human Rights (ECtHR). What is the legal circle of this type of withdrawal? What is the role of the ECtHR? Are there any examples of active disobedience from any

show abstract

Section: What About the Judicial Activism Of The Ecthr?mentioning

confidence: 99%

Principled resistance and future of the ECtHR

Liakopoulos

2024

REJ

View full text Add to dashboard Cite

show abstract

Can the European Court of Human Rights Shape European Public Order?

Dzehtsiarou

2021

View full text Add to dashboard Cite

In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

show abstract

Sites of Judicial Integration and Their Transformation

Marti¹

2021

Framing a Convention Community

View full text Add to dashboard Cite

The Role of the European Court of Human Rights in the Execution of its own Judgments: Reflections on Article 46 ECHR

Cited by 5 publications

References 0 publications

Principled resistance and future of the ECtHR

Principled resistance and future of the ECtHR

Can the European Court of Human Rights Shape European Public Order?

Sites of Judicial Integration and Their Transformation

Contact Info

Product

Resources

About