ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book describes a broader perspective by addressing generic implementation issues and by including experts from various Council of Europe (CoE) member states. It offers a closer look at the Court's jurisprudence on effects and implementation and reveals considerable development beyond its traditional dualist approach. The book provides a fresh look at the relationship between national jurisdictions and the European Court of Human Rights (ECtHR). It demonstrates that the ECtHR has gradually extended its jurisprudence beyond its traditional approach of pronouncing declaratory judgments and leaving the supervision of their execution to the exclusive competence of the Committee of Ministers. The implementation of the European Convention has traditionally been considered as a matter conducted exclusively through the execution of judgments supervised by the CoE Committee of Ministers under Article 46 of the European Convention.