Establishing Judicial Precedents Through Advisory Opinions of the European Court of Human Rights
نویسندگان
چکیده
Abstract The recent practice of the European Court Human Rights to follow, in its case law, legal statements made exercise new advisory competence pursuant Additional Protocol No. 16 raises some considerable issues. most important such issues regards possibility for principles law established by Strasbourg be recognized as judicial precedents within Convention system, which is object this paper. For purpose, analysis will focus not only on approach Rights, but also that Italian authorities, developed a particularly innovative at regard. Finally, it consider experience other international bodies, order draw general conclusions contribution opinions development law.
منابع مشابه
extraterritorial effect of the european convention on human rights in the case-law of the european court of human rights
article 1 of the european convention on human rights provides that the contracting parties shall secure to everyone ‘within their jurisdiction’ the rights and freedoms defined in the convention. at a technical level, the key question is how one should interpret the word ‘jurisdiction’ in article 1. this article plays a key role in the convention system since it sets out the limits on the obliga...
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ژورنال
عنوان ژورنال: The Italian review of international and comparative law
سال: 2022
ISSN: ['2772-5642', '2772-5650']
DOI: https://doi.org/10.1163/27725650-02020004