1. Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights Judgments
- Author:
- Helen Keller and Cedric Marti
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court’s judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly internationalized and judicialized by the ECtHR in recent years. Taking a broad, three-tiered perspective that distinguishes between the pre-judgment stage, the judgment itself and the post-judgment stage, the authors analyse the means by which the ECtHR has engaged in implementation of its judgments and explore the benefits of judicialization in this area to secure a key aspect in guaranteeing effective protection and the long-term future of the European Convention on Human Rights system, namely full and timely judgment compliance.
- Topic:
- Human Rights, International Law, Law, and Courts
- Political Geography:
- Europe and France