The European Court of Human Rights

Implementing Strasbourg's Judgments on Domestic Policy
Herausgeber: Anagnostou, Dia

• Broschiertes Buch

Produktbeschreibung

A critical appraisal of the European Court of Human Rights 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. Focusing on various areas of law and policy, this book explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. How do national authorities implement the adverse ECtHR's rulings, and what factors facilitate, or conversely restrict implementation, as well as their potential to promote broader policy change? A number of contributions also relate 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, this volume contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics. 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 Athens. She is editor and co-author of Rights and Courts in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System, Oxford: Hart Publishers (2014).

Produktdetails

• Verlag: Edinburgh University Press
• Seitenzahl: 256
• Erscheinungstermin: 19. August 2014
• Englisch
• Abmessung: 234mm x 156mm x 18mm
• Gewicht: 404g
• ISBN-13: 9780748670604
• ISBN-10: 0748670602
• Artikelnr.: 40509699

Autorenporträt

Dia Anagnostou (Ph.D. Cornell University, Department of Government, 1999) is Assistant Professor of Comparative Politics at Panteion University of Social Sciences and Senior Research Fellow at the Hellenic Foundation of European and Foreign Policy (ELIAMEP) in Athens. She has held research positions at Princeton University (1999-2000), and the European University Institute in Florence (most recently as Marie Curie Research Fellow in 2010-2012). Her research interests lie in the study of human rights, courts and social mobilisation, as well as in comparative politics of Southeast Europe, minorities and European integration.

Inhaltsangabe

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.