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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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The Enforcement of ECtHR Judgments

The Enforcement of ECtHR Judgments

(p.326) 19 The Enforcement of ECtHR Judgments
The Enforcement of EU Law and Values

Élisabeth Lambert Abdelgawad

Oxford University Press

This chapter analyses the measures adopted both to prevent and sanction defiance, and also tries to sketch possible reforms to improve compliance in the European system of human rights. Strictly speaking, States very rarely openly refused to comply with a judgment of the ECtHR, even if there are some such cases. The concern is more about judgments where the State refuses to adopt parts of the required measures, and/or where the State delays the adoption of some reforms. Not surprisingly, more efforts have been made over the last twenty years to prevent the defiance of judgments than in sanctioning the effects of such defiance. Indeed, greater emphasis has now been placed on assistance, exchange of good practice, cooperation, and training to help national actors internalize European standards.

Keywords:   ECtHR, human rights, ECtHR judgments, preventing defiance, sanctions, European standards, partial compliance

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