The Phenomenon of the European Court of Human Rights’ Influence on the Constitutional Systems of the Council of Europe Member States
pages 183 - 208
ABSTRACT:

The case law of the European Court of Human Rights, as the judicial authority of the Council of Europe, influences the legal systems in the individual Member States. It is reflected in various branches of the national legal system adopted in the Council of Europe Member States, not only in the substantive provisions of constitutional law. This European ‘case law’ system constitutes a certain monolithic legal system founded on the categories of constitutional law, for instance in the areas of division of power, rule of law, liability of public officials and authorities, independence of the judiciary, administrative law including procedural relations, criminal law classical principles, the organization of the judiciary and implementation of specific procedural judicial principles such as equality of arms, equal standing of the parties and the right to legal assistance. It also penetrates the categories of private law –for instance, the gradual development of case law relating to the concept of privacy, freedom of thought and protection of the family. The binding force of the Council of Europe system under constitutional law and the influence of its contents on the individual legal systems justify the conclusion that the Council of Europe system is a phenomenon in the domain of international organizations.

keywords
Council of Europe
European Court of Human Rights
Convention on Human Rights and Fundamental Freedoms
constitutional judiciary
right to life
right to privacy
right to possessions (ownership)
political freedoms
right to a fair trial
about the authors

Prof. et Doc. JUDr. Karel Klíma, CSc., dr. hab. is a university professor specializing in constitutional law. He is the head of the Legal Specialisations and Public Administration at the Metropolitan University in Prague.

Long time member of the Council of the International Association of Constitutional Law (IACL), member of the Academy of Comparative Law, member of the World Jurist Association and its President of the Section of the Law Professors.

Email: advokatikhklima@gmail.com