THE EUROPEAN COURT OF HUMAN RIGHTS AS A SUBJECT OF INTERNATIONAL LEGAL COMMUNICATION

The article is devoted to the study of the role of the European Court of Human Rights as a subject of international legal communication. The author reveals the legal nature of the ECHR and the mechanisms of interaction with the states-parties of the European Convention on Human Rights. The relevance of the study is due to the growing importance of international judicial institutions in the process of harmonizing national legal systems and forming uniform human rights standards. Particular attention is paid to the analysis of the communication functions of the Court. In particular, individual and interstate appeals, as well as the practice of precedent interpretation, are analyzed. The paper considers a number of resonant decisions of the ECHR, which have become the subject of political criticism from individual states. Conclusions are drawn about the complexity of the balance between the universalism of judicial practice and the legal pluralism of the member states of the Council of Europe. The novelty of the article lies in the systematic analysis of the ECHR as a communicative mechanism in the transnational legal space. This allows us to rethink its functions in the field of international law. It is substantiated that the Court not only exercises judicial control, but also transmits legal ideas. The main factors that complicate the implementation of effective legal communication are identified. It is shown that the effectiveness of the Court's activities largely depends on the readiness of states for constructive dialogue and proper implementation of decisions. The purpose of the article is to determine the essence and features of international legal communication, which is implemented through the activities of the ECHR.

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Publication Details

Journal
The Journal of International Legal Communication
Published
2025-01-01
DOI
https://doi.org/10.32612/uw.27201643.2025.16.1.pp.18-29
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

THE EUROPEAN COURT OF HUMAN RIGHTS AS A SUBJECT OF INTERNATIONAL LEGAL COMMUNICATION

Maryna Dei
The Journal of International Legal Communication
European and International Law Studies
article

THE EUROPEAN COURT OF HUMAN RIGHTS AS A SUBJECT OF INTERNATIONAL LEGAL COMMUNICATION

Maryna Dei
article en

Abstract

The article is devoted to the study of the role of the European Court of Human Rights as a subject of international legal communication. The author reveals the legal nature of the ECHR and the mechanisms of interaction with the states-parties of the European Convention on Human Rights. The relevance of the study is due to the growing importance of international judicial institutions in the process of harmonizing national legal systems and forming uniform human rights standards. Particular attention is paid to the analysis of the communication functions of the Court. In particular, individual and interstate appeals, as well as the practice of precedent interpretation, are analyzed. The paper considers a number of resonant decisions of the ECHR, which have become the subject of political criticism from individual states. Conclusions are drawn about the complexity of the balance between the universalism of judicial practice and the legal pluralism of the member states of the Council of Europe. The novelty of the article lies in the systematic analysis of the ECHR as a communicative mechanism in the transnational legal space. This allows us to rethink its functions in the field of international law. It is substantiated that the Court not only exercises judicial control, but also transmits legal ideas. The main factors that complicate the implementation of effective legal communication are identified. It is shown that the effectiveness of the Court's activities largely depends on the readiness of states for constructive dialogue and proper implementation of decisions. The purpose of the article is to determine the essence and features of international legal communication, which is implemented through the activities of the ECHR.

The Journal of International Legal CommunicationVol. 1(16)
Openalex Percentile: Top 83%
European and International Law Studies
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