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Croatia: Commitment to reform: Assessing the impact of the ECtHR's case law on reinforcing democratization efforts in Croatian legal order

High hopes were placed in the ability of the Convention for the Protection of Human Rights and Fundamental Freedoms(ECHR) and the European Court of Human Rights (ECtHR) to help realise fundamental freedoms and civil and political rights in the European post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member States. With contributions by past and present judges of the ECtHR 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 ECtHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights. Analysis of the difficulties of implementing the judgements of the ECtHR in Central and Eastern Europe helps grasping the specificity of the national systems in these areas. Insider perspective reveals how judges view the impact of the ECHR in their countries of origin and highlights similarities and differences between Central and Eastern European countries. The author of the paper, together with Ksenija Turković, the judge of the ECtHR from the Republic of Croatia, deals with the Croatia's experience in this area. The authors conclude that the effectiveness of the ECHR depends not only on its formal status in domestic legal system but first and for most on the willingness of the courts and other domestic institutions to leverage the Conventional guarantees.In Croatia still, ordinary courts all too often adopt the position that fundamental rights have to be addressed on the level of constitutional justice whereas ordinary jurisdiction merely "applies the law." It is urgent for Croatia to ensure the efficient reception of the ECtHR's case law into Croatian judicial practice, to make human rights to penetrate the entire legal system and to improve the ordinary remedies applied by the Croatian courts. This is important not only to decrease workload of the ECtHR and save time and money, but primarily in order not to obstruct the principle of subsidiarity - domestic remedies must be frontline of resolving disputes based on the ECHR.

European Convention on Human Rights ; European Court of Human Rights ; Impact of the Strasbourg Case-Law ; Croatian Legal Order

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