Extension of ECHR jurisprudence on respect for human rights in national criminal proceedings and compliance with its judgments in disputed territories

Abstract

This article contends that these proposals should not be interpreted as ministerial alterations in supranational judicial procedure, nor as resolving a dispute on whether the ECHR should prioritize individual or constitutional justice. Instead, they should be seen as posing more profound inquiries regarding the future identity of the Court. The Article specifically supports the ECtHR's acknowledgment of 'incorporation' into national legal systems as a fundamental structural principle. This pertains to the ability to determine decisions made by the national court in criminal proceedings before the ECHR and to honor them in disputed territories. This contradicts the subsidiary theory that has always upheld the Convention since its establishment.