CEU eTD Collection (2012); Kotlarik, Erik: European Court of Human Rights (ECHR), European Court of Justice (ECJ) and their Interaction with Selected National Constitutional Courts from the Separation of Powers Perspective

CEU Electronic Theses and Dissertations, 2012
Author Kotlarik, Erik
Title European Court of Human Rights (ECHR), European Court of Justice (ECJ) and their Interaction with Selected National Constitutional Courts from the Separation of Powers Perspective
Summary The thesis focuses on the relationships between national constitutional courts represented by the German Federal Constitutional, Czech Constitutional Court and between supranational courts represented by the Court of Justice of the European Union (ECJ), European Court of Human Right (ECHR). The reason why to examine interactions taking place between these courts is the fact that they have a considerable impact on the formation of globalized legal framework. Main purpose is to conceptualize hierarchical structure existing between national and supranational courts on the basis of the empirical analysis of selected case-law of these courts. Besides that, the thesis should assess how the discourse between courts impinges on the power of other institutional actors.
The main contribution is the better understanding of factors influencing mutual dialogue between these courts which should enhance cooperation and effectiveness of interconnected jurisdictions.
Supervisor Renáta Uitz
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2012/kotlarik_erik.pdf

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