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"EU members are obliged to integrate these rulings into national law." No! Any court's mandate is to resolve disputes according to the existing laws. It is not
by restalis 11y ago
"EU members are obliged to integrate these rulings into national law."
No! Any court's mandate is to resolve disputes according to the existing laws. It is not to issue/create them. The lawmakers are the ones that may use the judicial system as a quality assurance mechanism for their adopted laws and maybe to consider fixing something along the way. A court is merely a hand of law, not a law maker. So, getting back to the European Court of Human Rights, there is a set of stipulations under the name of Human Rights that the adherent countries already endorsed and (supposedly) adopted into their national laws. There aren't any rulings to be integrated into national laws, there may exist only rulings (compatible with existing laws) that need merely enforcement on local level!
- denis1 11y agoI believe post you're replying to is in fact correct. In cases when national laws are not compatible with ECHR rulings, the laws are the one to be changed (repealed or adjusted to match the ECHR interpretation).