Shukurov T. The influence of the European Court of Human Rights case-law on the realisation of national judiciary of European states

The dissertation is devoted to the issue of a comprehensive analysis of the European Convention on Human Rights and the European Court of Human Rights case-law impact on the administration of justice by national courts in order to strengthen the protection of human rights. The dissertation research takes into account the requirements of constant development and coordination of national legislation and judicial practice with the dynamic evolutive interpretation and legal positions of the European Court of Human Rights, the development of the Convention mechanism, including the prospects for the development of the advisory jurisdiction of the European Court of Human Rights and its cooperation with highest national courts for the development of human rights judicial protection in the member states of the Council of Europe. Despite numerous scientific studies on the implementation of the European Convention at the national level, the dissertation is a new and relevant research of the importance of the European Court case-law for the formation of the approaches and practice of constitutional courts and supreme courts of general jurisdiction, which will directly affect the development of the national judiciary and the jurisprudence of lower national courts. The lack of such a coherent national judicial practice in many states today and the different understanding by national judges of the approaches to the application of the case-law of the European Court of Human Rights lead to continuation of the submission of a large number of identical applications to the European Court by persons who consider that their rights have been violated and they have not been restored within the framework of the national judiciary. The novelty and relevance of the topic is also determined by the analysis of the importance of the European Court case-law for the human rights protection during armed conflicts in the context of rethinking approaches to the relationship between International Humanitarian Law and International Human Rights Law and the concept of “effective control” in the light of the European Court of Human Rights case-law.