Oslo – Strasbourg – Back to Oslo and/or into Wider Europe? – The ECtHR’s Engagement with the Decisions of Norwegian Courts for Strengthening the Convention System as a Cooperative System

Amrei Mueller

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

Against the background of the wider European context, this article analyses how the ECtHR and Norwegian courts cooperate for the effective implementation of the ECHR in Norway.

It begins with setting out a widely held understanding of the Convention system as a cooperative system with domestic courts as primary actors, and the ECtHR as a subsidiary actor for enforcing the ECHR. Against this background, the question is asked whether the ECtHR – through its use of and the manner in which it relates to Norwegian court decisions in its own judgments – encourages and reinforces the role of these courts as the primary actors in this system. It first analyses how the ECtHR endorses and promotes the direct engagement of Norwegian courts with the ECHR and ECtHR jurisprudence, as well as how it endorses and promotes good procedures and high-quality reasoning of these courts, which are likely to produce outcomes in conformity with the ECHR. Secondly, it examines whether the ECtHR also encourages the Norwegian courts to actively develop the rights of the Convention (“evolutive” interpretation).

The article furthermore discusses the potential problems of domestic courts becoming more active in applying the Convention, both for the Norwegian constitutional structure and the Convention system, and how the ECtHR and Norwegian courts address or should address these problems and improve their cooperation. This is done inter alia through a comparative analysis, highlighting what Norway can learn from other member states of the CoE; and what other member states can learn from Norway.
Original languageEnglish
Pages (from-to)11-51
JournalNordic Journal of Human Rights
Volume33
Issue number1
Early online date27 Feb 2015
DOIs
Publication statusPublished - 2015

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