Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-42gr6 Total loading time: 0 Render date: 2024-04-23T23:37:41.051Z Has data issue: false hasContentIssue false

6 - From Supranational Adjudication to Supranational Law?

Published online by Cambridge University Press:  12 November 2021

Cedric Marti
Affiliation:
University of Zurich
Get access

Summary

This chapter tests the assumption that by virtue of the strong supranational adjudication and lawmaking by the Court, the ECHR could be considered supranational law in terms of its effect in domestic legal systems. The hypothesis of vertical integration is verified by adopting a two-fold approach analyzing both the perspective of the Court and the point of view of national legal orders. The first part of the chapter challenges the notion of implementation freedom. Taking a closer look at the Convention level reveals how the ECtHR developed a subtle yet sophisticated framework requiring domestic integration of the Convention’s substance and national courts to uphold and protect ECHR rights. The second part of the chapter looks at how domestic legal orders have received Convention law. Surveying existing studies demonstrates that Convention law may be considered de-facto supranational law, because it is, by and large, directly invocable by individuals vis-à-vis domestic authorities and effectively enforceable within national legal systems. Domestic resistance against the ECtHR, in its current form, must not necessarily be understood as an antithesis to integration, but can equally be regarded epiphenomenal.

Type
Chapter
Information
Framing a Convention Community
Supranational Aspects of the European Convention on Human Rights
, pp. 163 - 197
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×