احکام دیوان اروپایی حقوق بشر: آثار و اجرای آن (مطالعات مؤسسه ماکس پلانک لوکزامبورگ برای حقوق بین‌الملل، اروپایی و رویه‌های قانونی تنظیمی)

This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR's jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court's judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR's judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.-- Provided by publisher Cover 1 Contents 10 II. Introduction 14 Current Challenges in European Multilevel Human Rights Protection 14 Keynote Address 26 II. Binding Effects and Declaratory Nature of ECtHR Judgements 34 Binding Effect and Declaratory Nature of the Judgments of the European Court of Human Rights: An Overview 34 Prescriptive Orders in the Operative Provisions of Judgments by the European Court of Human Rights: Beyond res judicanda? 40 The Role of the Legislative Branch in the Implementation of the Judgments of the European Court of Human Rights 60 III. Award of Damages 76 Can’t Get Just Satisfaction 76 Is There a Need to Advance the Jurisprudence of the European Court of Human Rights with Regard to the Award of Damages? 116 France and the Award of Damages: The Payment of Just Satisfaction and Costs and Expenses in France 138 IV. Subsidiarity 152 The Constellation of Global and National Courts: Jurisdictional Redundancy and Interchange 152 Subsidiarity in the Control of Decisions Based on Proportionality: An Analysis of the Basis of the Implementation of ECtHR Judgments into German Law 166 Are Human Rights Undemocratic? 188 Subsidiarity and the Brighton Declaration 194 V. The Role of National Courts in the Implementation of ECtHR Judgements 208 The Struggle by the German Courts and Legislature to Transpose the Strasbourg Case Law on Preventive Detention into German Law 208 How a National Judge Implements Judgments of the Strasbourg Court 238 International Law in the Recent Jurisprudence of the Hungarian Constitutional Court: Opening of a New Tendency? 252 VI: The Future Role of the ECtHR and National Courts in Implementation 268 From Implementation to Translation: Applying the ECtHRJudgments in the Domestic Legal Orders 268 The Role of the European Court of Human Rights in the Executionof its own Judgments: Reflections on Article 46 ECHR 286 List of contributors 318