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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.279) 9 Germany
Parliaments and the European Court of Human Rights

Alice Donald

Philip Leach

Oxford University Press

This chapter examines the involvement of the German parliament in the implementation of European Convention on Human Rights standards and judgments of the European Court of Human Rights. It gives an account of the implementation of specific judgments, such as that concerning preventive detention. It finds that the strength of domestic human rights norms and machinery in Germany has led to the development of a legal and political culture which is conducive to compliance. Conceptions of a perceived lack of democratic legitimacy of the Convention system have not gained traction. The executive takes very seriously its role in co-ordinating the implementation of judgments and reports annually to parliament. Institutionally within parliament, no committee has an explicit mandate to monitor implementation of European Court decisions. The chapter draws on interviews with parliamentarians, government officials, lawyers, and civil society organizations.

Keywords:   Germany, Bundestag, Bundesrat, parliament, ECHR, Convention, court, implementation, human rights, judgment

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