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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 39 No. 1, 2018.

Review article

https://doi.org/10.30925/zpfsr.39.1.21

THE CONTITUTIONAL COURT'S VIEW ON THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Sanja Trgovac ; Constitutional Court of Republic Croatia, Zagreb, Croatia
Sidonija Grbavac ; barrister, Zagreb, Croatia
Sandra Marković ; barrister, Zagreb, Croatia

Full text: croatian pdf 460 Kb

page 633-663

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Abstract

This paper presents the supervisory mechanisms established to guarantee the execution of the judgments of the European Court of Human Rights and decisions on the conditions for amicable dispute resolution. It points to the obligations that stem from these judgments and decisions for the contracting states, and emphasises the Constitutional Court aspect of this significant topic within the framework of protecting human rights and fundamental freedoms. It focuses on the period within which the Convention for the Protection of Human Rights and Fundamental Freedoms has been applied in Croatia, and underlines the importance of the interpretative role of courts, with special attention given to the Constitutional Court of the Republic of Croatia and to the ECtHR. The topic is analysed mostly from the aspect of the Constitutional Court, building on the foundations that Professor Omejec laid in this field in the Republic of Croatia by firmly and widely embracing the European Court of Human Rights in the constitutional vision, and by drawing around herself a pool of experts, practitioners and persons for whom constitutional law and constitutional adjudication are a vocation, and not just a profession, in the course of fifteen years
of analysing and creating pieces of the Constitutional Court and constitutional law mosaic of constitutional and convention law. We have constantly within reach on our desk the foundations and knowledge of the execution of ECtHR judgments in a book by Professor Omejec, a legal expert engaged in convention law, which analyses in detail the Strasbourg acquis. The current paper, by referring to this essential piece of literature, builds on the positions of the Constitutional Court and the influence of the ECtHR.

Keywords

Constitutional Court of the Republic of Croatia; European Court of Human Rights; case law; rule of law; Constitution of the Republic of Croatia; Convention for the Protection of Human Rights and Fundamental Freedoms; Committee of Ministers

Hrčak ID:

199771

URI

https://hrcak.srce.hr/199771

Publication date:

9.4.2018.

Article data in other languages: italian croatian german

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