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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Relation of Constitutional Courts / Supreme Courts to ECtHR

Kanstantsin Dzehtsiarou, Natasa Mavronicola

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Constitutions and international law — Powers and jurisdiction of constitutional courts/supreme courts — Supranational constitutional courts

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. The relationship between constitutional or supreme courts of the contracting parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (‘ECHR’) and the European Court of Human Rights (ECtHR) could, as a matter of principle, be seen as premised on the ideal of a mutually respectful, and fruitful, interaction. The starting point is that the constitutional or highest appellate domestic courts of each contracting state and the ECtHR are engaged in the interpretation and implementation of the ECHR, insofar as cases...
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