Finalisation of the initiative: Towards practice how to use ECtHR case-law at domestic level

The European Centre with the support of the MATRA Regional Rule of Law Network finalized the initiative “Towards practice how to use ECtHR case-law at domestic level”. This project goal was to increase the efficiency of measures in understating and implementing the European Human Rights standards by domestic courts, throughout increasing the knowledge of the magistrates towards European Court of Human Rights (ECtHR) jurisprudence. This initiative gave a practical contribution towards the improvement of the independence, accountability, professionalism and efficiency of the judiciary in Albania, Kosovo and North Macedonia.

During the implementation of the project the Centre made a screening of the referral and usage of Strasbourg Court case-law in domestic judgements of the Albanian, Kosovo and Northern Macedonia Supreme and Constitutional Courts, and of all existing publications and materials on the ECtHR available in Albanian. Afterwards, was initiated the drafting process of the manual “Towards practice how to use ECtHR case-law at domestic level”. This manual aim is to ameliorate and increase the usage and implementation of the European Human Rights standards by domestic courts of all levels. It explains the Convection provisions and Court case-law and how it can be transferred at national adjudications.

Moreover, the Centre organized 4 joint trainings with judges and legal advisors of the Constitutional and Supreme Courts of Kosovo and Albania, who shared, with international and national high level human rights experts, their day-to-day experience and problems faced once they wanted to directly implement the Convention. The main topics presented in the course of this activities were: the position of the Convention in domestic legal hierarchy, the systemic/structural problems of the ECtHR case-law, the right to health and European Convention, the right to a fair trial in administrative proceedings, and freedoms of expression in pandemic times. Participants expressed their need for further activities related to European Courts standards, Court of Justice of European Union (CJEU) included, as there are only few references in Albanian. These discussions were extremely useful for the international expert, Mr. Ledi Bianku, who afterwards finalized the manual.

The Centre engages itself to continue the work in ameliorating knowledge and capacities on European human rights standards, as part of our mission.

Libri – Ledi bianku 2 Book_Final_



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