The European Court of Human Rights’ Remedial Practice and its Impact on the Execution of Judgments
Bibliographic Data
| ID | 7801129 |
|---|---|
| Authors | Alice Donald (0000-0001-8541-3530, Middlesex University, corresponding author), Anne-Katrin Speck (0000-0002-9602-2727, Middlesex University) |
| Year | 2019 |
| Volume | 19 |
| Issue | 1 |
| Pages | 83-117 |
| Publication date | 2019-02-28 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngy043 |
| OpenAlex | W2914659074 |
| Language | EN |
| Citations received | 10 |
This article analyses the developing approach of the European Court of Human Rights to the indication of specific non-monetary individual or general remedies and the impact of this practice on the execution of its judgments. It draws on interviews with Judges of the Court and officials in Council of Europe institutions, and a statistical analysis of pilot judgments and judgments that invoke Article 46 of the European Convention of Human Rights delivered between 2004 and 2016. The article argues that the Court’s remedial practice is fluid and pragmatic, with differences of perspective between Judges. It discusses the factors that influence judicial decision-making, and examines the implications of the Court’s remedial approach both for its ‘horizontal’ relationship with the Committee of Ministers and its ‘vertical’ relationship with states. It concludes that, from both these perspectives, the door is open to continued evolution, if not revolution, in the Court’s remedial practice.
Convention · Court decision · Court of record · Human rights · Original jurisdiction · Perspective (graphical) · Political science · Remedial education · Supreme court · Computer Science · European and International Law Studies · European Criminal Justice and Data Protection · Judicial and Constitutional Studies · Law
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| Unique citing works | 10 |
|---|---|
| Citations per year | 1,67 |
| Citation span | 2020 - 2026 (7) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 10 |