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.


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