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Front Matter Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information THE IMPACT OF THE ECHR ON DEMOCRATIC CHANGE IN CENTRAL AND EASTERN EUROPE High hopes were placed in the ability of the European Convention on Human Rights (ECHR) and the European Court of Human Rights to help realise fundamental freedoms and civil and political rights in the postcom- munist countries. h is book explores the ef ects of the Strasbourg human rights system on the domestic law, politics, and reality of the new mem- ber states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to property, freedom of expression, and minor- ities’ rights. Iulia Motoc is a judge at the European Court for Human Rights and Professor of Law at the University of Bucharest, Romania. She has also served as a judge at the Constitutional Court of Romania and as the Vice-Chair of the UN Human Rights Committee. Ineta Ziemele is a judge of the Constitutional Court of Latvia and a professor at the Riga Graduate School of Law. She is a former judge and Section President at the European Court of Human Rights. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information THE IMPACT OF THE ECHR ON DEMOCRATIC CHANGE IN CENTRAL AND EASTERN EUROPE Judicial Perspectives Edited by IULIA MOTOC AND INETA ZIEMELE © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information University Printing House, Cambridge CB2 8BS, United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107135024 © Cambridge University Press 2016 h is publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2016 A catalogue record for this publication is available from the British Library Library of Congress Cataloguing in Publication data Names: Motoc, Iulia, editor. | Ziemele, Ineta, editor. Title: h e impact of the ECHR on democratic change in central and eastern Europe : judicial perspectives / edited by Iulia Motoc and Ineta Ziemele. Description: Cambridge, United Kingdom : Cambridge University Press, 2016. | “First drat s of the papers were presented at the conference: h e Impact of the European Convention on Human Rights and the Case Law on Democratic Changes and Developments in Eastern Europe, held at the European Court of Human Rights in Strasbourg on 18 February 2013.” – Introduction. | Includes bibliographical references and index. Identii ers: LCCN 2015042945 | ISBN 9781107135024 (hardback) Subjects: LCSH: Human rights – Europe, Eastern – Congresses. | New democracies –Europe, Eastern–Congresses. | Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) – Inl uence – Congresses. | BISAC: POLITICAL SCIENCE / Political Freedom & Security / Human Rights. Classii cation: LCC KJC5132.A6 I477 2015 | DDC 320.943–dc23 LC record available at http://lccn.loc.gov/2015042945 ISBN 978-1-107-13502-4 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information CONTENTS List of contributors page ix Table of cases xiii Foreword by Dean Spielmann xxv 1 I n t r o d u c t i o n 1 Iulia Motoc 2 Comments on the early years and conclusions 6 Luzius Wildhaber 3 Albania: Albania’s long path towards European human rights standards 13 Ledi Bianku 4 Armenia: h e supremacy of the European Convention on Human Rights: Armenia’s path 39 Alvina Gyulumyan and Davit Melkonyan 5 Azerbaijan: h e directions of inl uence of the case law of the European Court of Human Rights in A z e r b a i j a n 57 Khanlar Hajiyev 6 Bosnia and Herzegovina: Impact of the case law of the European Court of Human Rights on postconl ict society of Bosnia and Herzegovina 80 Faris Vehabović 7 Croatia: Commitment to reform: Assessing the impact of the ECtHR’s case law on reinforcing democratization ef orts in Croatian legal order 110 Ksenija Turković and Jasna Omejec v © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information vi Contents 8 Czech Republic: Democratic tradition, legitimacy of coni scation, and translation of the case law of the ECtHR in the light of the Convention in the Czech R e p u b l i c 136 Aleš Pejchal 9 Estonia: Impact of the European Court of Human Rights’ (case law) on democracy and rule of law: Some rel ections from Estonian perspective 153 Julia Laffranque 1 0 H u n g a r y : h e legal order of Hungary and the European Convention on Human Rights 176 Károly Bárd 11 Latvia: Consolidating democratic changes in Latvia: h e various roles of the European Convention on Human Rights 201 Mārtiņš Mits 12 Lithuania: h e European Convention on Human Rights in the Lithuanian legal system: h e lessons learned and perspectives for the future 234 Danutė Jočienė 13 Macedonia: h e impact of the European Convention on Human Rights and the case law on the Republic of Macedonia 266 Mirjana Lazarova Trajkovska and Ilo Trajkovski 14 Montenegro: h e ef ect of the European Convention on Human Rights on the legal system of Montenegro 289 Nebojša B. Vučinić 15 Poland: Human rights between international and constitutional law 305 Lech Garlicki and Ireneusz Kondak 16 Romania: Romania and the European Convention on Human Rights: A dialogue of judges 330 Iulia Motoc and Crina Kaufman © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information Contents vii 17 Russia: European Convention on Human Rights in Russia: Fit een years at e r 351 Anatoly I. Kovler 18 Serbia: h e emergence of the human rights protection in Serbia under the European Convention on Human Rights: h e experience of the i rst ten years 373 Dragoljub Popović and Tanasije Marinković 19 Slovakia: How the Convention has helped Slovakia in its transition to a consolidated democracy 401 Milan Blaško and Michal Kučera 20 Slovenia: Just a glass bead game? 425 Jan Zobec 21 Ukraine: Ukraine on the way to democracy: Role and achievements of the European Court of Human Rights 457 Ganna Yudkivska 22 Conclusions 491 Ineta Ziemele I n d e x 503 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information CONTRIBUTORS Károly Bárd Professor, Chair of the Human Rights Program and Co-director of the clinical specialisation (Central European University), former Vice Minister of Justice and Deputy Secretary of State of the Ministry of Justice. Ledi Bianku Judge at the European Court of Human Rights since 2008. Milan Blaško Deputy Section Registrar, Registry of the European Court of Human Rights. Lech Garlicki Professor of Law (University of Warsaw), former Judge of the Polish Constitutional Court (1993–2001). Former Judge and President of Section of the European Court of Human Rights (2002–12). Alvina Gyulumyan Judge of the Armenian Constitutional Court and a former Judge and Vice-President of Section III of the European Court of Human rights (2003–14). Former judge of the Supreme Court of Armenia (1985–96), Judge of the Constitutional Court of Armenia (1996–2003), and President of the Association of Judges (1998–2003). Khanlar Hajiyev Judge at the European Court of Human Rights since 2003. Former President of the Constitutional Court of Azerbaijan and the Supreme Court of Azerbaijan. Danutė Jočienė Justice of the Constitutional Court of Lithuania (since March 2014), Associate Professor (Mykolas Romeris University). Former Judge and Vice-President of Section II of the European Court of Human Rights (2004–13). Crina Kaufman LL.M (Strasbourg), Legal Secretary and Head of Division, Registry of the European Court of Human Rights. ix © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-13502-4 — The Impact of the ECHR on Democratic Change in Central and Eastern Europe Edited by Iulia Motoc , Ineta Ziemele Frontmatter More Information x Contributors Ireneusz Kondak Legal Secretary, Registry of the European Court of Human Rights.
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