Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights' Judgments

Keller, Helen; Marti, Cedric
November 2015
European Journal of International Law;Nov2015, Vol. 26 Issue 4, p829
Academic Journal
This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court's judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly internationalized and judicialized by the ECtHR in recent years. Taking a broad, three-tiered perspective that distinguishes between the pre-judgment stage, the judgment itself and the post-judgment stage, the authors analyse the means by which the ECtHR has engaged in implementation of its judgments and explore the benefits of judicialization in this area to secure a key aspect in guaranteeing effective protection and the longterm future of the European Convention on Human Rights system, namely full and timely judgment compliance.


Related Articles

  • The Relationship between Jurisdiction and Attribution after Jaloud v. Netherlands. Rooney, Jane // Netherlands International Law Review (Springer Science & Busines;Dec2015, Vol. 62 Issue 3, p407 

    This article argues that the European Court of Human Rights (ECtHR) in Jaloud v. Netherlands adopted an attribution test in order to establish jurisdiction under Article 1 of the European Convention on Human Rights. It argues that this would not be the first time that the ECtHR has adopted an...

  • Expulsion d'etrangers et Convention européenne des droits de l'homme Le risque de mauvais traitements dans l'Etat de destination. Karagiannis, Syméon // Anuario Colombiano de Derecho Internacional;2010, Vol. 3, p57 

    The right of States, for a variety of reasons, to expel aliens has never been disputed by the European Court of Human Rights insofar as a State party to the European Convention on Human Rights continues, quite naturally, to exercise its sovereignty over its territory. However, this right has to...

  • Clarifying the Extraterritorial Application of the European Convention on Human Rights. Ryngaert, Cedric // Merkourios;2012, Vol. 28 Issue 74, p57 

    In Al-Skeini v the United Kingdom, the European Court on Human Rights clariied the scope ratione loci of the European Convention on Human Rights. Without fully abandoning the territorial concept of jurisdiction, which it had airmed in the 2001 Bankovic decision, the Court inched somewhat closer...

  • THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE BLACK HOLE OF STATE RESPONSIBILITY. JAY, ANNA R. // New York University Journal of International Law & Politics;2014, Vol. 47 Issue 1, p207 

    The article discusses the case law of the tribunal the European Court of Human Rights (ECtHR) on the extraterritorial applicability of the agreement the European Convention on Human Rights (ECHR) and state responsibility for joint military action. It examines the 2001 case Banković v....

  • I. EUROPEAN COURT OF HUMAN RIGHTS AL-SKEINI AND OTHERS V UNITED KINGDOM (APPLICATION NO 55721/07) JUDGMENT OF 7 JULY 2011. Mallory, Conall // International & Comparative Law Quarterly;Jan2012, Vol. 61 Issue 1, p301 

    The long anticipated judgment of the Grand Chamber of the European Court of Human Rights in the case of Al-Skeini and Others v. United Kingdom provided a conclusion to years of academic debate regarding the application of the European Convention on Human Rights to United Kingdom military...

  • EUROPEAN COURT OF HUMAN RIGHTS.  // Europe: A Concise Encyclopedia;2004, p90 

    Information on the "European Court of Human Rights," is presented. The Court accepts a case only when national remedies are not possible and does not have independent powers of enforcement. The Court of Human Rights in Strasbourg, France, is an adjunct of the Council of Europe and is unrelated...

  • EXTRADITION AND LIFE IMPRISONMENT. Milanović, Marko // Cambridge Law Journal;Jul2009, Vol. 68 Issue 2, p248 

    The article discusses the judgment of the European Court of Human Rights on the case Soering v. United Kingdom. The conflict surrounds the applicability of Article 3 of the European Convention on Human Rights (ECHR) wherein extradition of persons who are subjected to torture or inhuman and...


    In YY v Turkey, the Second Chamber of the European Court of Human Rights (ECtHR) held that Turkey's refusal, over a period of many years, to authorise gender confirmation surgery because the applicant remained capable of procreating was a violation of the right to private life under Art. 8 of...

  • MJERILA EUROPSKOG SUDA ZA LJUDSKA PRAVA ZA UÄŒINKOVITU ISTRAGU ZLOSTAVLJANJA MOTIVIRANOG RASNOM DISKRIMINACIJOM. Kos, Vesna Batistić // Croatian Annual of Criminal Law & Practice / Hrvatski ljetopis z;2008, Vol. 15 Issue 1, p55 

    On 31 May 2007, the European Court of Human Rights ruled in the case of Sedid v. the Republic of Croatia, establishing a breach of the prohibition of torture, or inhuman or degrading treatment or punishment referred to in Article 3 of the European Convention for the Protection of Human Rights...


Read the Article

Courtesy of

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics