EAN: 9783898216395

Bilder-Quelle: discount24.de - Sport-Freizeit

This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system in terms of its implementation by domestic courts is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied rather than to implement the ECHR. In contrast the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still the rare instances in which domestic courts implemented the ECHR were more often than not prompted by applicants' arguments based on ECHR case-law rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law. It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.

Produktinformationen zuletzt aktualisiert am
20.03.2025 um 23:23 Uhr

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