Judgments of the European Court of Human Rights – Effects and Implementation

Abstract

Contents: Preface. Part I Introduction: Current challenges in European multilevel human rights protection, Anja Seibert-Fohr and Mark E. Villiger Keynote address, Dean Spielmann. Part II Binding Effects and Declaratory Nature of ECtHR Judgments: Binding effect and declaratory nature of the judgments of the European Court of Human Rights: an overview, Mark E. Villiger Prescriptive orders in the operative provisions of judgments by the European Court of Human Rights: beyond res judicanda?, Hans Joachim Cremer The role of the legislative branch in the implementation of the judgments of the European Court of Human Rights, Almut Wittling-Vogel. Part III Award of Damages: Can't get just satisfaction, Julia Laffranque Is there a need to advance the jurisprudence of the European Court of Human Rights with regard to the award of damages?, Elisabeth Lambert Abdelgawad France and the award of damages: the payment of just satisfaction and costs and expenses in France, Michel Puechavy. Part IV Subsidiarity: The constellation of global and national courts: jurisdictional redundancy and interchange, Sabino Cassese Subsidiarity in the control of decisions based on proportionality: an analysis on the basis of the implementation of ECtHR judgments into German law, Angelika Nussberger Are human rights undemocratic?, John Laws Subsidiarity and the Brighton Declaration, Derek Walton. Part V The Role of National Courts in the Implementation of ECtHR Judgments: The struggle by the German courts and legislature to transpose the Strasbourg case law on preventive detention into German law, Thomas Giegerich How a national judge implements judgments of the Strasbourg Court, Jacek Chlebny International law in the recent jurisprudence of the Hungarian Constitutional Court: opening of a new tendency?, Peter Kovacs. Part VI The Future Role of the ECtHR and National Courts in Implementation: From implementation to translation: applying the ECtHR judgments in the domestic legal orders, Andreas Paulus The role of the European Court of Human Rights in the execution of its own judgments: reflections on Article 46 ECHR, Lino-Alexandre Sicilianos.