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논문검색

유럽인권재판소의 구제절차와 판결의 국내법적 효력 - 독일의 사례를 중심으로 -

원문정보

The Effect as the Domestic Law on Remedial Procedure and Judgment in the European Court of Human Rights - Focusing on Germany's Case -

이형석

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초록

영어

The European Court of Human Rights can be said to be a globally unique court of law, which makes judicial decision on basic rights of being secured in the European Convention on Human Rights. The huge activity in the European Court of Human Rights has jurisdiction over Human Rights Abuse lawsuit that 800 million people received from a country when it comes to population in the whole area of Europe. However, it is a point of being a law-court of handling fundamental rights, which has extensive jurisdiction, given analyzing the most important characteristic in the European Court of Human Rights from the legal perspective. Also, it is a court of justice pertinent to fundamental rights based on international law called the European Convention on Human Rights. However, what enforced the convention with the procedure as saying of making judgment of having legal binding force by which the European Court of Human Rights has a trial of a problem about human rights abuse raised by an individual is from after when No. 11 Protocol took effect in 1998 given examining it objectively. This study aims to analyze the current system and the old system after broadly viewing convention execution system. And, the aim is to mention focusing on a decision case in the Court of Human Rights after discussing and surveying about the nature as the domestic law on the convention of human rights, which becomes a problem in Germany, and about the effect as the domestic law on judgment in the European Court of Human Rights.

목차

Ⅰ. 서론
 Ⅱ. 유럽인권재판소의 조직과 절차
 Ⅲ. 유럽인권재판소의 국내법적 지위
 Ⅳ. 결론
 참고문헌
 

저자정보

  • 이형석 Lee, Hyeong-Seok. 원광대학교 봉황인재학과 연구교수, 법학박사.

참고문헌

자료제공 : 네이버학술정보

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