ABSTRACT
The chapter examines the Supreme Administrative Court (SAC), a new apex court established only in 2003. First, it engages with general patterns in references to the European Court of Human Rights (ECtHR) case law and their development over time. It shows that the SAC engages with Strasbourg case law frequently, fulfilling its role under the subsidiarity principle. Second, it proceeds with a meso-level analysis of the treatment of Strasbourg rulings and explores the significance of ECtHR case law references for the SAC’s reasoning, arguing that the SAC follows the ECtHR’s conclusions in nearly all the cases and ascribes a high significance to the res interpretata effect of Strasbourg rulings. It argues that the SAC’s treatment of the ECtHR’s case law contributes to the effectiveness of the Strasbourg Court. Finally, the micro level analyzes two “Strasbourgized” jurisprudential areas, fair trial rights and freedom of assembly and association, which evolved under the ECtHR’s influence. The chapter argues that the SAC uses ECtHR references both to strengthen the legitimacy of its claims and to serve as a guideline in addressing novel issues. The combination of these three levels of analysis offers a detailed picture and demonstrates the strong diffusing and filtering role of the SAC towards the Strasbourg Court.
