Principled Resistance to ECtHR Judgments - A New Paradigm?
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-execut
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Breuer (ed.)
Principled Resistance to ECtHR Judgments - A New Paradigm?
Beiträge zum ausländischen öffentlichen Recht und Völkerrecht
Begründet von Viktor Bruns
Herausgegeben von Armin von Bogdandy · Anne Peters
Band 285
Marten Breuer Editor
Principled Resistance to ECtHR Judgments - A New Paradigm?
ISSN 0172-4770 ISSN 2197-7135 (electronic) Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ISBN 978-3-662-58985-4 ISBN 978-3-662-58986-1 (eBook) https://doi.org/10.1007/978-3-662-58986-1 © Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V., to be exercised by Max-Planck- Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer-Verlag GmbH, DE, part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany
To the Judges of the European Court of Human Rights who do such an admirable and indispensable job for the protection of human rights
Preface
The germs of this volume were laid during a 2016 Pluricourts Conference in Oslo where in conversation with Martin Kuijer my impression was affirmed that at present, there is a growing tendency of national courts blocking or obstructing international judgments. To name just two examples: in 2014, the Italian Constitutional Court had effectively blocked execution of the ICJ judgment in the Jurisdictional Immunities case, and in early 2016, the Russian Constitutional Court had done likewise with regard to the ECtHR’s judgment in Anchugov and Gladkov. Interestingly, the Russian Court by doing so had relied on pronouncements of other Supreme or Constitutional Courts, thereby trying to avoid the impression of a Russian Sonderweg. As is well known to all international lawyers, within the EU context the C
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