The execution of Strasbourg and Geneva human rights decisions in the national legal order / / edited by T. Barkhuysen, M. L. van Emmerik, P. H. P. H. M. C. van Kempen.

• Superior document: International studies in human rights ; Volume 57
• Author: E.M. Meijers Instituut.
• TeilnehmendeR: Barkhuysen, T. 1968-; Emmerik, Michiel van 1965-; Kempen, P. H. P. H. M. C. van; E.M. Meijers Instituut.; F.M. van Asbeck Centre for Human Rights Studies.
• Place / Publishing House: The Hague, The Netherlands ;, Boston ;, London : : Martinus Nijhoff Publishers,, [1999]; ©1999
• Year of Publication: 1999
• Language: English
• Series: International studies in human rights ; Volume 57.
• Physical Description: 1 online resource.
• Notes: Includes index.

In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.

Table of Contents

Intro -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Acknowledgements -- List of abbreviations -- INTRODUCTORY PART -- General introduction -- PART I GENERAL -- I.1 Improving the implementation of Strasbourg and Geneva decisions in the Dutch legal order: reopening of closed cases or claims of damages against the state -- I.2 Judgments of the European Court of Human Rights against the Netherlands and their effects: an overview 1960-1997 -- PART II PUBLIC INTERNATIONAL LAW -- II.1 Legal consequences of an internationally wrongful act of a state against an individual -- II.2 The implementation of decisions of the supervisory organs under the European Convention on Human Rights -- II.3 Implementing the decisions of the supervisory bodies of the ECHR - exploring present possibilities -- II.4 Follow-up of the views of the United Nations treaty bodies -- PART III EXECUTION IN OTHER MEMBER STATES OF THE COUNCIL OF EUROPE -- III.1 Execution of Strasbourg and Geneva decisions in Norway -- III.2 Reopening of judicial procedures in Russia: the way to implement the future decisions of ECHR supervisory organs? -- III.3 Res judicata pro veritate habetur in conflict with Strasbourg decisions. The answer according to Belgian law and a suggestion -- III.4 The execution of European Court of Human Rights judgments in Spain -- III.5 The implementation of judgments of the European Court of Human Rights in Austria -- PART IV REOPENING AND COMPENSATION AS GENERAL MEANS OF EXECUTION -- IV.1 Implementation of the decisions of the supervisory bodies of the ECHR by revision of judgments of national courts in the Netherlands -- IV.2 Remedies under Dutch law for violation of human rights in civil proceedings: state liability and/or reopening the case? -- PART V DUTCH LEGAL PRACTICE REGARDING EXECUTION.

V.1 Implementation of the ECHR in Dutch legislation: that job is jobbed! -- V.2 The enforcement of Strasbourg and Geneva decisions: the international law context -- V.3 To be revised? Revision of res judicata sentences in Dutch criminal cases -- V.4 Sitting on the ruins of justice, redress for the plaintiff after Strasbourg: reconsideration instead of review -- PART VI EXECUTION IN DUTCH CIVIL, ADMINISTRATIVE AND CRIMINAL LAW -- VI.1 Strasbourg justice: a Pyrrhic victory in Dutch civil (procedural) law? -- VI.2 An elaborate report of the civil law working group's discussion -- VI.3 Implementation of Strasbourg judgments in Dutch administrative law -- VI.4 An elaborate report of the administrative law working group's discussion -- VI.5 Judicial interpretation and amendment of the law: review of criminal law decisions on account of Strasbourg judgments -- VI.6 An elaborate report of the criminal law working group's discussion -- PART VII GENERAL CONCLUSIONS -- General conclusions -- ANNEXES AND INDEX -- Table of cases -- Subject index -- Addresses of the E.M. Meijers Institute of Legal Studies and the F.M. van Asbeck Centre for Human Rights Studies -- International Studies in Human Rights.