The Impact of the ECHR on Democratic Change in Central and Eastern Europe: Judicial Perspectives

Cambridge University Press, 10/17/2019
EAN 9781316500996, ISBN10: 1316500993

Paperback, 558 pages, 22.9 x 15.2 x 3.2 cm
Language: English
Originally published in English

High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.

Foreword Dean Spielmann
1. Introduction Iulia Motoc
2. Comments on the early years and conclusions Luzius Wildhaber
3. Albania
Albania's long path towards European human rights standards Ledi Bianku
4. Armenia
the supremacy of the European Convention on Human Rights
Armenia's path Alvina Gyulumyan and Davit Melkonyan
5. Azerbaijan
the directions of influence of the case law of the European Court of Human Rights in Azerbaijan Khanlar Hajyev
6. Bosnia and Herzegovina
impact of the case law of the European Court of Human Rights on post-conflict society of Bosnia and Herzegovina Faris Vehabovic
7. Croatia
commitment to reform
assessing the impact of the ECtHR's Case Law on Reinforcing Democratization Efforts in Croatian Legal Order Ksenija Turkovic and Jasna Omejec
8. Czech Republic
democratic tradition, legitimacy of confiscation, translation of the case law of the ECtHR in the light of the Convention in the Czech Republic Aleš Pejchal
9. Estonia
impact of the European Court of Human Rights' (Case Law) on Democracy and Rule of Law
some reflections from the Estonian perspective Julia Laffranque
10. Hungary
the Legal Order of Hungary and the European Convention on Human Rights Károly Bárd
11. Latvia
consolidating democratic changes in Latvia
the various roles of the European Convention on Human Rights Mārtiņš Mits
12. Lithuania
the European Convention on Human Rights in the Lithuanian legal system Danutė Jočienė
13. Macedonia
the impact of the European Convention on Human Rights and the case law on the Republic of Macedonia Mirjana Lazarova-Trajkovska and Ilo Trajkovski
14. Montenegro
the effect of the European Convention on Human Rights on the legal system of Montenegro Nebojša B. Vučinić
15. Poland
human rights between international and constitutional law Lech Garlicki and Ireneusz Kondak
16. Romania
Romania and the European Convention on Human Rights
a dialogue of judges Iulia Motoc and Crina Kaufmann
17. Russia
European Convention on Human Rights in Russia
fifteen years after Anatoly I. Kovler
18. Serbia
the emergence of the human rights protection in Serbia under the European Convention on Human Rights
the experience of the first ten years Dragoljub Popović and Tanasie Marinković
19. Slovakia
how the Convention has helped Slovakia in its transition to a consolidated democracy Milan Blaško and Mihal Kučera
20. Slovenia
just a glass bead game? Jan Zobec
21. Ukraine
Ukraine on the way to democracy
role and achievements of the European Court of Human Rights Ganna Yudkivska
22. Conclusions Ineta Ziemele.