ABSTRACT
The chapter focuses on the role of domestic courts and judges in the implementation of the European Court of Human Rights’ (ECtHR) case law. First, it identifies the various domestic actors who influence the implementation processes. Among those actors, it argues, domestic courts are the most natural allies of the Strasbourg Court who may help the ECtHR to secure compliance with its judgments and to enhance its legitimacy. Subsequently, the chapter zeroes in on the role of constitutional courts and ordinary courts in implementing Strasbourg case law. The chapter stresses that domestic judiciary is not a monolithic block and it is necessary to unpack it and to understand their various incentives and pushes to implement ECtHR case law. It identifies motivations of domestic judges for engaging with the Strasbourg case law, shows different strategies domestic courts use towards the ECtHR, and discusses the factors that affect the relationship between domestic courts and the ECtHR.
