The paper will focus on the European Convention on Human Rights (ECHR) as an important source for improving a horizontal harmonization of the principles of administrative law in Europe. Perhaps the title of this paper should be written in the form of a question rather than a statement. And the question is: can the European Court of Human Rights (ECrtHR) case law be considered as a tool for the harmonization of domestic administrative laws in Europe? The aim of the paper is to suggest some reflections in order to try to answer that question. Firstly, it is necessary to underline some aspects of the vertical relationship between the ECrtHR and the domestic administrative courts in the ECHR system. Secondly, it will be interesting to analyse whether there are some cases where the horizontal relationship among national courts reveals the tendency to apply the ECrtHR case law. This would imply the need of referring to it as a sort of common European standard for the protection of human rights in the field of administrative law. It will be pointed out that, besides referring directly to the European Court case law, national courts (such as the French Council of State) are starting to refer to the case law of other national administrative courts which implement the principles developed in Strasbourg.
The ECrtHR Case Law as a Tool for Harmonization of Domestic Administrative Laws in Europe
MIRATE, SILVIA
2012-01-01
Abstract
The paper will focus on the European Convention on Human Rights (ECHR) as an important source for improving a horizontal harmonization of the principles of administrative law in Europe. Perhaps the title of this paper should be written in the form of a question rather than a statement. And the question is: can the European Court of Human Rights (ECrtHR) case law be considered as a tool for the harmonization of domestic administrative laws in Europe? The aim of the paper is to suggest some reflections in order to try to answer that question. Firstly, it is necessary to underline some aspects of the vertical relationship between the ECrtHR and the domestic administrative courts in the ECHR system. Secondly, it will be interesting to analyse whether there are some cases where the horizontal relationship among national courts reveals the tendency to apply the ECrtHR case law. This would imply the need of referring to it as a sort of common European standard for the protection of human rights in the field of administrative law. It will be pointed out that, besides referring directly to the European Court case law, national courts (such as the French Council of State) are starting to refer to the case law of other national administrative courts which implement the principles developed in Strasbourg.
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