CEU Electronic Theses and Dissertations, 2018
| Author | Lozano, Juan Felipe |
|---|---|
| Title | A Struggle for Primacy: The Case for the Domestic Primacy of the Continental Conventions on Human Rights in Europe and the Americas |
| Summary | European and American Human Rights Conventions have advanced towards the consolidation of an obligation on the Member States to recognize the primacy of said international instruments in the internal legal order. Starting from explaining how this doctrine can be derived from the "conventionality control" created by the Inter-American Court of Human Rights, this paper analyses similar doctrines in the case-law of the European Court of Human Rights that also show a tendency towards affirming that States have a duty to put to the European Convention at the top of the legal hierarchy. Finally, this work exemplifies some of the reactions that States can assume in the face of the doctrine of primacy through references to the cases of Colombia, Spain, Hungary and Venezuela. |
| Supervisor | Polgari, Eszter |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/lozano_juan.pdf |
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