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Conclusion - Framing a Convention Community

Published online by Cambridge University Press:  12 November 2021

Cedric Marti
Affiliation:
University of Zurich
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Summary

The conclusion summarizes the supranational aspects of the ECHR and reflects on the wider narrative of supranationalization of the ECHR, including its driving factors and countertrends. It further demonstrates that growing resistance towards the ECtHR, as far as it goes beyond system inherent criticism, may partly be the result of increased openness and integration in the first place and could in fact lead to a refinement of Convention law. The ECHR’s supranational aspects also lend themselves to a communitarian perspective. The conclusion therefore argues that the findings of the study allow to give meaning to the notion of Convention community which is characterized by Convention rights as community interest norms, for the protection of which the ECtHR enjoys an inalienable core of autonomy, membership of domestic authorities and natural and legal persons as well as subsidiarity and moderated supremacy of Convention law as ordering principles.

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Chapter
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Framing a Convention Community
Supranational Aspects of the European Convention on Human Rights
, pp. 198 - 212
Publisher: Cambridge University Press
Print publication year: 2021

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