{"title":"宪法和法律规定在欧盟成员国执行欧洲人权法院的决定","authors":"Mykhailo Darmin","doi":"10.30970/jcl.1.2021.1","DOIUrl":null,"url":null,"abstract":"Republic, the Constitutional Court analyzes the case law of the European Court of Human Rights, as well as explains it to other national courts of the Czech Republic in the form of recommendations. The German judicial authorities interpret and apply national law in the light of the case law of the European Court of Human Rights, taking into account compliance with the national standard of human rights. In order to avoid violations of human rights and freedoms, the Federal Constitutional Court of Germany uses the case law of the European Court of Human Rights not as the main, but as an auxiliary means of interpreting the content of human rights and freedoms enshrined in the Basic Law of Germany.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Constitutional and legal regulation of the implementation of the decisions of the European Court of Human Rights in the EU member states\",\"authors\":\"Mykhailo Darmin\",\"doi\":\"10.30970/jcl.1.2021.1\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Republic, the Constitutional Court analyzes the case law of the European Court of Human Rights, as well as explains it to other national courts of the Czech Republic in the form of recommendations. The German judicial authorities interpret and apply national law in the light of the case law of the European Court of Human Rights, taking into account compliance with the national standard of human rights. In order to avoid violations of human rights and freedoms, the Federal Constitutional Court of Germany uses the case law of the European Court of Human Rights not as the main, but as an auxiliary means of interpreting the content of human rights and freedoms enshrined in the Basic Law of Germany.\",\"PeriodicalId\":246696,\"journal\":{\"name\":\"Ukrainian Journal of Constitutional Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-03-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ukrainian Journal of Constitutional Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30970/jcl.1.2021.1\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ukrainian Journal of Constitutional Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30970/jcl.1.2021.1","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Constitutional and legal regulation of the implementation of the decisions of the European Court of Human Rights in the EU member states
Republic, the Constitutional Court analyzes the case law of the European Court of Human Rights, as well as explains it to other national courts of the Czech Republic in the form of recommendations. The German judicial authorities interpret and apply national law in the light of the case law of the European Court of Human Rights, taking into account compliance with the national standard of human rights. In order to avoid violations of human rights and freedoms, the Federal Constitutional Court of Germany uses the case law of the European Court of Human Rights not as the main, but as an auxiliary means of interpreting the content of human rights and freedoms enshrined in the Basic Law of Germany.