Original scientific paper
https://doi.org/10.31141/zrpfs.2018.55.128.423
Challenges in the application and interpretation of the ECHR in the Republic of Croatia
Maša Marochini Zrinski
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
The European Convention for the Protection of Human Rights and Fundamental Freedoms, as the most important pan-European human rights treaty and the European Court of Human Rights as a body responsible for monitoring the implementation of the Convention, are of great importance to Croatia. This paper will outline the judgments and decisions of the Court against Croatia, which, in the opinion of the author, are significant for the Croatian legal order, some because they have led to legislative changes, some because they were the driving force for changes in the behaviour of the competent Croatian bodies. In addition, some decisions will be presented because they provoked controversies among the Croatian public primarily because of the way the Court applies and interprets the Convention. For the latter reason, the paper also presents the methods of interpretation used by the Court, since the practice of the European Court and the way in which the Court interprets the Convention differ largely from the positivist application of rights characteristic for Croatia.
Keywords
European Convention for the Protection of Human Rights and Fundamental Freedoms; European Court of Human Rights; interpretation of the Convention; decisions and judgments of the Court concerning Croatia
Hrčak ID:
199097
URI
Publication date:
19.4.2018.
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