The Reception by Domestic Courts of the Res Interpretata Effect of Jurisprudence of the European Court of Human Rights


This article focuses on two subjects: the attitude of national courts towards the jurisprudence of the European Court of Human Rights and their role in the achievement of effective domestic implementation of the European Convention on Human Rights. The first topic outlines a typology of the positions adopted, which is proposed in order to underline the national strategies regarding the reception of the res interpretata effect of the Court’s judgments. The second provides a critical analysis of the mirror metaphor, which is proposed to resolve some unproven and untested assumptions that domestic courts act as puppets and cannot go beyond Convention standards without violating the Court’s authentic interpretations. In both cases, examples are given of domestic courts’ practices in order to clarify that the judicial interaction between domestic courts and the European Court of Human Rights is not always harmonious.