Pregledni rad

Indirect Revision of National Legislatures in Proceedings Before the European Court of Human Rights

Vedran Ceranić

Sažetak

The aim of this paper is to analyze the possibility of implementing contemporary systems for supervision of constitutionality and legality on the supervisory system as established by the Convention for the Protection of Human Rights and Fundamental Freedoms with additional Protocols. Taking into account that no competence has been prescribed for the European Court of Human Rights as regard to the decision on conformity of domestic legislature with the Convention, this paper presents the concept of an indirect revision of national legislatures which would be performed in the proceedings before the Court on the basis of applications under the provision of the Art. 34 of the Convention, and which effects and proof of existence could be revealed in the execution of final judgements of the Court in national legislatures. This paper contains normative analysis of the substantial and procedural provisions of the Convention as well as the provisions related to the execution of final judgements of the Court. The third part of the paper presents the basic characteristics of the so-called European and American systems for supervision of constitutionality and legality for the purposes of their implementation on the supervisory system which has been established by the Convention, and which analysis regarding conformity is contained in the fourth part of the paper. In the final part of the paper fundamental ideas have been recapitulated, as well as the applicability of the concept of indirect revision.

Ključne riječi

Convention for the Protection of Human Rights and Fundamental Freedoms with additional Protocols; European Court of Human Rights; European system for the supervision of constitutionality and legality; American system for the supervision of constitutionality and legality; indirect revision

Hrčak ID:

226659

URI

https://hrcak.srce.hr/226659

Datum izdavanja:

20.12.2018.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.309 *