The Enforcement of ECtHR Judgments

Abdelgawad, Elisabeth Lambert

doi:10.1093/acprof:oso/9780198746560.003.0020

Cited by 8 publications

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“…However, this was been done, showcasing, yet again, the disastrous level of the rule of law in the country and asking bigger questions. If the situation is so bad in this particular field, where unequivocal ECtHR case law and EU law are being ignored -and considering the ECtHR's systemic enforcement issue 137 what is going on in other fields? Coman stands as a reminder that the level of development of the basic legal capacities in the Member States differ drastically from one state to another.…”

Section: Questions About the Dangers Of 'Strengthening Family Life' Fmentioning

confidence: 99%

Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Kochenov

Belavusau

2019

SSRN Journal

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This paper provides a detailed critical analysis of the case of Coman, where the Court of Justice clarified that the meaning of the term 'spouse' in Directive 2004/38 was gender-neutral, opening up the door for same-sex marriage recognition for immigration purposes all around the EU, thus destroying the heteronormative misinterpretations of the clear language of the Directive practiced in a handful of Member States. The state of EU law after Coman is still far from perfect, however: we underline a line of important questions which remain open and which the Court will need to turn to in the near future to ensure that marriage equality in moves beyond mere proclamations in the whole territory of the Union.

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Section: Questions About the Dangers Of 'Strengthening Family Life' Fmentioning

confidence: 99%

Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Kochenov

Belavusau

2019

SSRN Journal

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“…So far, in the Ukrainian legal literature the principle of decentralization wasn't connected with the European court of human rights' judgements' implementations. But this topic becomes more and more popular in the EU legal literature, thanks to the constant researches of Professor Й.Lambert (see [5][6][7], for example). Professor Lambert represents…”

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confidence: 99%

Decentralization: European court of human rights’ judgements implementation

Mishyna¹

2023

Наукові праці Національного університету “Одеська юридична акад

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Problem statement and its connection with important scientific or practical tasks. Nowadays the principle of subsidiarity is quite popular in Ukrainian scientific literature. In addition, it is also a wide-spread topic for the authors of the quasi-scientific articles, which reveal the problems of the organization of public power. This provides the basis for the potential of this principle to be used to the maximum in Ukraine. Therefore, an important scientific direction is to study the content of this multifaceted principle.A lot of Ukrainian theoreticians and practitioners deal with the problems of the decentralization, when it comes about the local level, municipal reform. These specialists mostly research and practice the municipal law and concentrate at the municipal government problems.At the same time, a lot of Ukrainian theoreticians and practitioners pay huge attention to the problems of the implementation of the judgements of the European court of human rights (ECHR), especially lately -as in 2021 it was 25 years since Ukraine has ratified the Convention for the Protection of Human Rights and Fundamental Freedoms 1950.Analysis of recent research and publications, which initiated the solution of this problem and on which the author relies, highlighting previously unresolved parts of the overall problem to which the article is devoted. The principle of decentralization is a 'hot' topic in the Ukrainian legal literature. As the country has the ongoing municipal reform, more or less the principle of decentralization is the rather popular topic of the research (see [1][2][3][4], for example, and many other works by M.O. Baimuratov, O.V. Batanov, P.M. Lubchenko, as well as the other specialists in the Ukrainian municipal law). So far, in the Ukrainian legal literature the principle of decentralization wasn't connected with the European court of human rights' judgements' implementations. But this topic becomes more and more popular in the EU legal literature, thanks to the constant researches of Professor Й.Lambert (see [5][6][7], for example). Professor Lambert represents

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The Reopening of Proceedings After the Judgment of the ECtHR in Cases Against Lithuania

Bruskina

2019

LAW

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The author of this article examines the case law of the Lithuanian courts of general jurisdiction and administrative courts related to the reopening of domestic criminal, civil, or administrative proceedings when the European Court of Human Rights (hereinafter – the ECtHR or the Court) finds a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and/or Protocols in the cases against Lithuania.

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The Enforcement of ECtHR Judgments

Cited by 8 publications

References 0 publications

Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Decentralization: European court of human rights’ judgements implementation

The Reopening of Proceedings After the Judgment of the ECtHR in Cases Against Lithuania

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