ABSTRACT

In the last chapter, I addressed the normative status of ECHR rights and ECtHR judgments in national jurisdictions. This status is shaped by the particular judicial powers conferred upon the Court by the States Parties. Most importantly, I privileged the status of direct effect that ECHR rights and ECtHR judgments enjoy in almost all national legal orders. Chapter 6 therefore corresponded with the first step of the constructivist methodology attached to capturing the salient normative role of the ECHR from the standpoint of the individual. This preliminary identification was conducted in non-evaluative terms, as the political conception of human rights requires.