基本説明
Through an examination of a set of general questions about how national decision-makers have reacted to the evolution of European human rights law, the chapters enquire how various actors within national legal orders could take decisions to either hinder or to enhance the status of the ECHR.
Full Description
The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.
Contents
1. Introduction to the Project ; PART I COUNTRY REPORTS ; 2. Belgium and the Netherlands ; 3. France and Germany ; 4. Austria and Switzerland ; 5. Ireland and the UK ; 6. Norway and Sweden ; 7. Greece and Turkey ; 8. Poland and Slavakia ; 9. Russia and Ukraine ; PART II ASSESSMENT AND CONCLUSION ; 10. The ECHR and National Legal Orders ; Appendix: National Statistics Related to ECHR Cases Filed ; Bibliography ; Index
