Domestic Judicial Treatment of European Court of Human Rights Case Law

Kosař, David; Petrov, Jan; Šipulová, Katarína; Smekal, Hubert; Vyhnánek, Ladislav; Janovský, Jozef

doi:10.4324/9780429343933

Cited by 18 publications

(10 citation statements)

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“…The Al-Jedda case is the leading one in relation to the affirmation of the jurisdiction of the Court to be able to review the content of the States despite the fact that it is set up to implement a SC resolution. This is an orientation foreseen by the desire to remedy the legal consequences deriving from the Behrami and Saramati sentences (Sari, 2008;Knoll, 2008;Mujezinovi, Larsen, 2008;Milanovic, Papic, 2009;Rungaert, 2011;Nussberger, 2020;Kosař, Petrov, Šipulovà, Smekal, Lyhnànek, Janovský, 2020, Villiger, 2020, Sudre, 2021 62 .…”

Section: Echr and Un Systemmentioning

confidence: 99%

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Court of Justice of the European Union, European Court of Human Rights, respect for human rights and restrictive sanctions

Taylor¹

2023

yeucl

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With a comparative way and the help of jurisprudence from various courts at the supranational level, it is intended to analyze and interpret a competitive approach between different jurisprudences that come from different Courts but having an element in comunis the smart sanctions against subjects who have suffered freezing of assets and confiscation. On the one hand we have the system of the UN with its own resolutions that put at the forefront the sanctions against subjects that disturb international peace and security. On the other hand we have the UN which speaks of a system of restrictive sanctions which aims to fill the gaps at an international level and follow a more authentic path sometimes through its own jurisprudence and above all to protect not only human rights but also the acts of the own institutions. Last but not least we have the race of the European Court for Human Rights (ECtHR) which puts first of all the system of protection of human rights by giving pushes forward and in the past influencing the judgments of the CJEU where with a decisive way it finalizes a protection that differs from the system of the UN but it is always oriented and faithful to the legal situations of individual subjects who have rightly or not suffered sanctions.

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Section: Echr and Un Systemmentioning

confidence: 99%

“…8 ECHR with absolute mode and limitations pre-established by par. 2 of the same article are accepted (Nussberger, 2020;Kosař, Petrov, Šipulovà, Smekal, Lyhnànek, Janovský, 2020;Villiger, 2020;Sudre, 2021) 67 .…”

Section: The Jeddah Case and The Principle Of Proportionalitymentioning

confidence: 99%

Court of Justice of the European Union, European Court of Human Rights, respect for human rights and restrictive sanctions

Taylor¹

2023

yeucl

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“…Next, we discuss the nature of the Court's activism and how it has been influenced by the changing political landscape. Obviously, if the Court was extremely self-restrained, it would hardly present any challenge to the political 70 • Public support of the court 71 The court's design • Jurisdiction 72 • Framework for review (the conception of the constitution, the role of international law and/or EU law) 73 • Access to the court 74 • Legal effects of decisions 75 • Terms of office and their renewability 76 • Appointment and removal procedures 77 Intra-court factors • Preferences and attitudes of individual judges 78 • The ability of judges to persuade their colleagues 79 Source: the authors.…”

Section: Determinants Of the Czech Constitutional Court's Resiliencementioning

confidence: 99%

Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism

Smekal¹,

Benák²,

Vyhnánek³

2023

Judicial Activism in an Age of Populism

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With technocratic populist Andrej Babiš leading the Czech government coalition, the country has experienced some democratic backsliding. In contrast to its Hungarian and Polish counterparts, however, the Czech Constitutional Court has been spared from executive capture. This article argues that resilient constitutional courts may act as one of the key safeguards against illiberal populism. We demonstrate that resilient constitutional courts are products of an institutional framework, which prevents court-packing by loyal allies of populist leaders, and of courts' activities that increase their reputation with the public, thus making political attacks against them overly costly. We argue that the Czech Constitutional Court has exercised an approach of selective judicial activism that focuses on keeping political competition fair while avoiding involvement in controversial socially transformative judicial decision-making which would outrage large parts of the population. Moreover, by acting as a guardian of fair political competition, the Court contributed to the further fragmentation of the political landscape, which in turn prevented the accumulation of political power, and hence the Court shielded itself from political attacks.

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“…International and Comparative Law Quarterly, v. 68, n. 1, 2019, pp. 91-110;KOSAR, David Convention on Human Rights at Article 6 para 1 thereof, states that persons accused of having committed an offence are entitled to have their case heard at a fair and public trial, and within reasonable time. Considering these aspects, the Romanian legislator has reacted by seeking solutions to improve the legal framework in criminal matters 4 .…”

Section: Introductionmentioning

confidence: 99%

Achieving Accusation by Means of Forensic Science During the Criminal Proceedings in Romania

Magherescu¹

2021

Rev. Bras. Dir. Proc. Penal

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Achieving the functions of criminal procedure involves elements of forensic science used to fulfill the overall purpose of criminal proceedings. The function of accusation has a set of particularities and for this reason the approach taken is a key factor in achieving justice in criminal matters both from the judicial authorities and the defendant's perspectives. The legal mechanisms provided by the justice system must ensure equilibrium between accusation, defence and judgment. The current article focuses on the particular features of the function of accusation during the criminal proceedings as well as on the manner of its being exertion by means of forensic science. In the activity of reaching the proposed objectives, an in-depth research methodology has been used consisting of qualitative methods including case study presentations and conclusions obtained through analyzing jurisprudence in case law decisions pronounced by the courts of law in criminal matters. In this context, the forensic science is one that offers entire legal means and mechanisms in order for the judicial bodies to achieve the purpose of criminal proceedings and exercising the function of accusation implicitly.

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Domestic Judicial Treatment of European Court of Human Rights Case Law

Cited by 18 publications

References 0 publications

Court of Justice of the European Union, European Court of Human Rights, respect for human rights and restrictive sanctions

Court of Justice of the European Union, European Court of Human Rights, respect for human rights and restrictive sanctions

Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism

Achieving Accusation by Means of Forensic Science During the Criminal Proceedings in Romania

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