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The Principle Of Primarity (Formal Aspect)

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Chapter Summary

This chapter analyses the manifestation of the principle of primarity in present case-law, and also points out various ways in which the implementation obligation can be strengthened. Proceduralization of substantive provisions can be viewed from and constructed on the basis of two different perspectives; the procedures can be seen to strengthen the domestic implementation or they can be regarded as means to strengthen the subsidiary nature of the Courts review. The chapter then addresses the general issue of international remedies in national law, and focuses on the more specific question of procedural obligations inherent in substantive provisions. The Courts partial and implicit recognition of the principle of primarity provides a platform for the further development of legal means to secure the effective implementation of the European Court of Human Rights (ECHR).

Keywords: European Court of Human Rights (ECHR); national law; primarity; proceduralization



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