Professional paper

Obligation to Execute Final Judgments of the European Court of Human Rights – In Relation to the Decision and Ruling of the Constitutional Court of the Republic of Croatia No. U-III/3304/2011 of 23 January 2013

Zoran Burić ; University of Zagreb, Faculty of Law

Abstract

The paper analyses the first decision adopted by the Constitutional Court of the Republic of Croatia concerning the issue of execution of final judgments of the European Court of Human Rights. As a basis for an analysis of the decision, the introduction of the paper provides prevalent attitudes on the legally binding character of the final judgments of the European Court, on the supervision of their execution and on the measures that may be taken by countries for the purpose of their execution. The analysis of the Constitutional Court's decision is preceded by a short introduction to the facts of the case and the national proceedings that led to proceedings before the Constitutional Court. The analysis is primarily focused on the most important principles expressed by the Constitutional Court: the legally binding character of final judgments of the European Court and the constitutional basis for their execution and the obligation of competent national authorities to interpret national law, in proceedings concerning the execution of final judgments of the European Court, in compliance with Croatian obligations arising from the European Convention and the case-law of the European Court (the obligation of convention-based interpretation of national law). The importance of the Constitutional Court's decision for the Croatian legal system and its scope are analysed in the conclusion.

Keywords

European Court of Human Rights; execution of final judgments of the European Court; Constitutional Court of the Republic of Croatia

Hrčak ID:

129499

URI

https://hrcak.srce.hr/129499

Publication date:

18.4.2013.

Article data in other languages: croatian

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