The Impact of the ECHR on Democratic Change in Central and Eastern Europe
Judicial Perspectives

Explores the effects of the Strasbourg human rights system on the domestic law and politics of post-communist member states.

Iulia Motoc (Edited by), Ineta Ziemele (Edited by)

9781316500996, Cambridge University Press

Paperback / softback, published 17 October 2019

557 pages
23 x 15.3 x 3 cm, 0.8 kg

'I think this is a fascinating book, and one that will be widely read by legal practitioners and scholars across Europe and beyond. It will be particularly useful for students trying to come to terms with the many ways in which the ECHR influences and shapes widely different legal cultures and practices … The book shows the importance of the Council of Europe, and the ECHR, in facilitating this transformation and supporting States in meeting their obligation to respect human rights and fundamental freedoms.' Paul Johnson, ECHR Sexual Orientation Blog (www.echrso.blogspot.co.uk)

High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.

Foreword Dean Spielmann
1. Introduction Iulia Motoc
2. Comments on the early years and conclusions Luzius Wildhaber
3. Albania: Albania's long path towards European human rights standards Ledi Bianku
4. Armenia: the supremacy of the European Convention on Human Rights: Armenia's path Alvina Gyulumyan and Davit Melkonyan
5. Azerbaijan: the directions of influence of the case law of the European Court of Human Rights in Azerbaijan Khanlar Hajyev
6. Bosnia and Herzegovina: impact of the case law of the European Court of Human Rights on post-conflict society of Bosnia and Herzegovina Faris Vehabovic
7. Croatia: commitment to reform: assessing the impact of the ECtHR's Case Law on Reinforcing Democratization Efforts in Croatian Legal Order Ksenija Turkovic and Jasna Omejec
8. Czech Republic: democratic tradition, legitimacy of confiscation, translation of the case law of the ECtHR in the light of the Convention in the Czech Republic Aleš Pejchal
9. Estonia: impact of the European Court of Human Rights' (Case Law) on Democracy and Rule of Law: some reflections from the Estonian perspective Julia Laffranque
10. Hungary: the Legal Order of Hungary and the European Convention on Human Rights Károly Bárd
11. Latvia: consolidating democratic changes in Latvia: the various roles of the European Convention on Human Rights M?rti?š Mits
12. Lithuania: the European Convention on Human Rights in the Lithuanian legal system Danut? Jo?ien?
13. Macedonia: the impact of the European Convention on Human Rights and the case law on the Republic of Macedonia Mirjana Lazarova-Trajkovska and Ilo Trajkovski
14. Montenegro: the effect of the European Convention on Human Rights on the legal system of Montenegro Nebojša B. Vu?ini?
15. Poland: human rights between international and constitutional law Lech Garlicki and Ireneusz Kondak
16. Romania: Romania and the European Convention on Human Rights: a dialogue of judges Iulia Motoc and Crina Kaufmann
17. Russia: European Convention on Human Rights in Russia: fifteen years after Anatoly I. Kovler
18. Serbia: the emergence of the human rights protection in Serbia under the European Convention on Human Rights: the experience of the first ten years Dragoljub Popovi? and Tanasie Marinkovi?
19. Slovakia: how the Convention has helped Slovakia in its transition to a consolidated democracy Milan Blaško and Mihal Ku?era
20. Slovenia: just a glass bead game? Jan Zobec
21. Ukraine: Ukraine on the way to democracy: role and achievements of the European Court of Human Rights Ganna Yudkivska
22. Conclusions Ineta Ziemele.

Subject Areas: International human rights law [LBBR], Comparative law [LAM], Comparative politics [JPB]