Chapitre D'ouvrage Année : 2017

The Enforcement of ECtHR Judgments in Europe

Résumé

This chapter analyses the measures adopted both to prevent and sanction defiance, and also tries to sketch possible reforms to improve compliance in the European system of human rights. Strictly speaking, States very rarely openly refused to comply with a judgment of the ECtHR, even if there are some such cases. The concern is more about judgments where the State refuses to adopt parts of the required measures, and/or where the State delays the adoption of some reforms. Not surprisingly, more efforts have been made over the last twenty years to prevent the defiance of judgments than in sanctioning the effects of such defiance. Indeed, greater emphasis has now been placed on assistance, exchange of good practice, cooperation, and training to help national actors internalize European standards.

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Dates et versions

hal-03447987 , version 1 (24-11-2021)

Identifiants

Citer

Elisabeth Lambert-Abdelgawad. The Enforcement of ECtHR Judgments in Europe. András Jakab (ed.), Dimitry Kochenov (ed.). The Enforcement of EU law and values, Ensuring Member States’ Compliance, 1, Oxford University Press, pp.326-340, 2017, 9780198746560. ⟨10.1093/acprof:oso/9780198746560.003.0020⟩. ⟨hal-03447987⟩
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