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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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The Strasbourg System

The Strasbourg System

Roles and Relationships

(p.23) 2 The Strasbourg System
Parliaments and the European Court of Human Rights

Alice Donald

Philip Leach

Oxford University Press

The chapter examines the nature of the obligations on states under the European Convention on Human Rights. It examines the implications for parliaments of the procedures of the European Court of Human Rights in the pre-judgment phase; the Court’s developing approach to redress, in particular, the shift from a mainly declaratory to a more directive or prescriptive approach; and the opportunities for contact between the Court and parliamentarians. The chapter discusses the formal process of supervision of the execution of judgments conducted by the Committee of Ministers, and the nature and extent of parliamentary engagement with that process. Further, it explores the increasingly influential role of the Parliamentary Assembly of the Council of Europe. The chapter evaluates the effectiveness of the supervision system, and addresses developments that have implications for the role of parliaments: notably, the continuing reform of the Convention system and renewed emphasis on the principle of subsidiarity.

Keywords:   parliament, ECHR, Convention, implementation, compliance, execution, Parliamentary Assembly, Committee of Ministers, Council of Europe, subsidiarity

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