CEU Electronic Theses and Dissertations, 2022
| Author | Ucarer, Onur Can |
|---|---|
| Title | Eliminating External Constraints: An Analysis of the Domestic Constitutional Courts' Modalities of Non-Compliance with the ECtHR Judgments in Hungary, Poland and Turkey |
| Summary | This thesis investigates how constitutional courts in Hungary, Poland and Turkey use abusive judicial review in order to eliminate external constraints posed on the hybrid regimes in these countries by the European Court of Human Rights (ECtHR). By way of analyzing the case-law of constitutional courts on cases concerning the implementation of ECtHR standards, this thesis finds that there are three main non-compliance modalities employed by these courts: direct non-compliance, silent non-compliance and creative non-compliance. Although the effectivity of the Convention system mostly depends on the execution of the judgments, the ECtHR fulfils a number of important functions to uphold the protection of fundamental rights in hybrid regimes even without achieving full compliance. This thesis argues that Article 18 and infringement proceedings can prove to be vital tools in order to better adapt and respond to the unique challenges posed by hybrid regimes. |
| Supervisor | Renáta Uitz |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/ucarer_onur-can.pdf |
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