ABSTRACT
The Strasbourg case law addresses the issue of law creation by domestic courts. The question of correct interpretation and application of domestic law belongs in principle to the domestic authorities. From time to time, however, the Court inserts into its judgements and decisions some dicta encouraging a certain interpretation or evolution of domestic law. There are three ways in which the Strasbourg Court creates the law. The ECtHR is empowered to enact its rules. Its practice creates legal rules, which complement both the Convention and the rules of the Court. The ECtHR interprets and applies the European Convention on Human Rights, which contains numerous vague terms. The Court has not established a comprehensive system of rules of interpretation, which would guide interpretation in subsequent cases. The dynamic, law-creating approach is adopted mainly in respect of the most important societal issues dealt with under the Article 8 of the Convention.
