Analysis of the impact of the European Court of Human Rights' judgments on national systems

Abstract

The article explores the impact that decisions of the European Court of Human Rights (ECHR) have on the legislations and institutions of member states of the Council of Europe, suggesting an in-depth examination of how the rulings made by the ECHR influence legislation and legal practices within these member states. The article focuses on the interaction between European human rights norms and the national legal framework, highlighting both the positive aspects and the challenges faced by national systems in implementing ECHR judgments. A key aspect discussed in the article is the influence of the ECHR on national justice, arguing that through its judgments, the ECHR instills a form of legal education among national judges, helping them to better understand and apply international human rights protection norms. The article also addresses the difficulties encountered by national courts in applying these judgments, due to the lack of clear legal instruments and the diversity of legal interpretations. The article emphasizes the importance of continuing dialogue between the ECHR and member states to ensure the effective implementation of European human rights standards. Thus, the effect of ECHR judgments on national systems can be both corrective and constructive, contributing to the development of a more robust European human rights space.