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Parliaments and the European Court of Human Rights$
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Philip Leach and Alice Donald

Print publication date: 2016

Print ISBN-13: 9780198734246

Published to Oxford Scholarship Online: September 2016

DOI: 10.1093/acprof:oso/9780198734246.001.0001

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(p.303) 10 Conclusion
Parliaments and the European Court of Human Rights

Alice Donald

Philip Leach

Oxford University Press

This chapter summarizes the findings of the book in respect of the institutional, legal, and political dimensions of the implementation of European Convention on Human Rights norms and judgments of the European Court of Human Rights. It concludes that parliamentary capacity to conduct human rights oversight is highly uneven across the Council of Europe. Many parliaments have structures and processes which are at best embryonic and at worst ineffective due to a combination of neglect, misuse, under-resourcing, or political enfeeblement. The chapter identifies priorities for strengthening the capacity both of parliamentarians and their legal advisers. It examines options for increasing interaction between national parliaments and the Convention ‘machinery’. It also looks forward from the vantage point of both parliaments and Council of Europe institutions, in order to address questions relating to the legitimacy of the Convention system. Finally, it identifies priorities for future research and inquiry.

Keywords:   parliament, ECHR, Convention, compliance, implementation, human rights, legitimacy

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