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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 October 2019

The Strasbourg System

The Strasbourg System

Roles and Relationships

Chapter:
(p.23) 2 The Strasbourg System
Source:
Parliaments and the European Court of Human Rights
Author(s):

Alice Donald

Philip Leach

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198734246.003.0002

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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