The impact of the ECHR on democratic change in central and eastern Europe : judicial perspectives

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書誌事項

The impact of the ECHR on democratic change in central and eastern Europe : judicial perspectives

edited by Iulia Motoc and Ineta Ziemele

Cambridge University Press, 2016

  • : hardback

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注記

"First drafts of the papers were presented at the conference 'The Impact of the European Convention on Human Rights and the case law on democratic changes and developments in Eastern Europe', held at the ECtHR in Strasbourg on 18 February 2013."--P. 1

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

  • 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 Ales 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 Karoly Bard
  • 11. Latvia: consolidating democratic changes in Latvia: the various roles of the European Convention on Human Rights Martins Mits
  • 12. Lithuania: the European Convention on Human Rights in the Lithuanian legal system Danute Jociene
  • 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 Nebojsa B. Vucinic
  • 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 Popovic and Tanasie Marinkovic
  • 19. Slovakia: how the Convention has helped Slovakia in its transition to a consolidated democracy Milan Blasko and Mihal Kucera
  • 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.

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