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The Impact of the ECHR on Democratic Change in Central and Eastern Europe
Judicial Perspectives

£99.99

  • Editors:
  • Iulia Motoc, European Court of Human Rights; Universitatea din Bucureşti, Romania
  • Ineta Ziemele, Constitutional Court of Latvia; Riga Graduate School of Law, Latvia
Dean Spielmann, Iulia Motoc, Luzius Wildhaber, Ledi Bianku, Alvina Gyulumyan, Davit Melkonyan, Khanlar Hajyev, Faris Vehabovic, Ksenija Turkovic, Jasna Omejec, Aleš Pejchal, Julia Laffranque, Károly Bárd, Mārtiņš Mits, Danutė Jočienė, Mirjana Lazarova-Trajkovska, Ilo Trajkovski, Nebojša B. Vučinić, Lech Garlicki, Ireneusz Kondak, Crina Kaufmann, Anatoly I. Kovler, Dragoljub Popović, Tanasie Marinković, Milan Blaško, Mihal Kučera, Jan Zobec, Ganna Yudkivska, Ineta Ziemele
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  • Date Published: August 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107135024

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About the Authors
  • 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.

    • Analysis of the difficulties of implementing the judgements of the ECHR in Central and Eastern Europe helps readers grasp the specificity of the national systems in these areas
    • Insider perspective reveals how judges view the impact of the ECHR in their countries of origin
    • Highlights similarities and differences between Central and Eastern European countries
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    Reviews & endorsements

    'I think this is a fascinating book, and one that will be widely read by legal practitioners and scholars across Europe and beyond. It will be particularly useful for students trying to come to terms with the many ways in which the ECHR influences and shapes widely different legal cultures and practices … The book shows the importance of the Council of Europe, and the ECHR, in facilitating this transformation and supporting States in meeting their obligation to respect human rights and fundamental freedoms.' Paul Johnson, ECHR Sexual Orientation Blog (www.echrso.blogspot.co.uk)

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    Product details

    • Date Published: August 2016
    • format: Hardback
    • isbn: 9781107135024
    • length: 558 pages
    • dimensions: 235 x 158 x 33 mm
    • weight: 0.92kg
    • availability: Available
  • Table of Contents

    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 Aleš 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 Károly Bárd
    11. Latvia: consolidating democratic changes in Latvia: the various roles of the European Convention on Human Rights Mārtiņš Mits
    12. Lithuania: the European Convention on Human Rights in the Lithuanian legal system Danutė Jočienė
    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 Nebojša B. Vučinić
    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 Popović and Tanasie Marinković
    19. Slovakia: how the Convention has helped Slovakia in its transition to a consolidated democracy Milan Blaško and Mihal Kučera
    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.

  • Editors

    Iulia Motoc, European Court of Human Rights; Universitatea din Bucureşti, Romania
    Iulia Motoc is a judge at the European Court of Human Rights and Professor of Law at the University of Bucharest, Romania. She has also served as a judge at the Constitutional Court of Romania and as the Vice-Chair of the UN Human Rights Committee.

    Ineta Ziemele, Constitutional Court of Latvia; Riga Graduate School of Law, Latvia
    Ineta Ziemele is a judge of the Constitutional Court of Latvia and a professor at the Riga Graduate School of Law. She is a former judge and Section President at the European Court of Human Rights.

    Contributors

    Dean Spielmann, Iulia Motoc, Luzius Wildhaber, Ledi Bianku, Alvina Gyulumyan, Davit Melkonyan, Khanlar Hajyev, Faris Vehabovic, Ksenija Turkovic, Jasna Omejec, Aleš Pejchal, Julia Laffranque, Károly Bárd, Mārtiņš Mits, Danutė Jočienė, Mirjana Lazarova-Trajkovska, Ilo Trajkovski, Nebojša B. Vučinić, Lech Garlicki, Ireneusz Kondak, Crina Kaufmann, Anatoly I. Kovler, Dragoljub Popović, Tanasie Marinković, Milan Blaško, Mihal Kučera, Jan Zobec, Ganna Yudkivska, Ineta Ziemele

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