European Human Rights Convention in Domestic Law : A Comparative Study

The study illustrates the importance of the European Convention on Human Rights as an autonomous source in the domestic law of states parties. It suggests that a preliminary ruling procedure be instituted in order to ensure the harmonious/uniform application of Convention Law by domestic courts.

The European Convention on Human Rights has had a significant impact on the courts of the Member States of the Council of Europe. the aim of the present study is threefold. First, to determine conclusively whether or not there exists a legal obligation on Member States to incorporate the Convention into domestic law. Secondly. to make a comparative survey of the reception of the Convention on the domestic courts of Member States. In pursuit of this last aim, the author has surveyed the application of the Convention in cases involving relations between individuals; the possibility of references by domestic courts to the Convention as part of the corpus of European Community Law, enforceable in the domestic forum; and the authority of the findings to the organs of the Convention in domestic courts, evidenced either in proceeding to give effect to their findings, or in their use as guidelines to clarify the nature and extent of obligations. The study illustrates the growing imoprtance of the Convention as an autonomous source in the domestic law of States Parties. the author concludes by suggesting that a preliminary ruling procedure be instituted in oredr to ensure the harmonious and uniform application of Convention Law by domestic courts.