Examining the Domestic Dynamics of Implementation of Judgments of the European Court of Human Rights: the Case of Belgium

01 October 2018 → 31 January 2021
Research Foundation - Flanders (FWO)
Research disciplines
  • Social sciences
    • Law
Human Rights
Project description

Implementation is the deliberate process of adopting specific remedial measures in order to give
substantial effect to a judgment. This project particularly focuses on implementation of judgments
by the European Court of Human Rights (ECtHR), the supranational court competent to examine
complaints of violations of the European Convention on Human Rights (ECHR). This is an important
and topical subject as implementation of ECtHR judgments is crucial for maintaining the
legitimacy, credibility and effectiveness of the ECHR system.
In order to understand the variable patterns of implementation of ECtHR judgments, there is a
need for more empirical research into the domestic dynamics of implementation in various
member states. This project aims to systematically analyse the factors and dynamics that explain
variation in length and rigour of implementation of ECtHR judgments with a specific focus on
Belgium, a country that has hitherto been neglected in the literature on implementation of ECtHR
This project will first map such variation by way of an in-depth study of the general measures
taken by Belgium to implement ECtHR judgments. The next step is to explain such variation by
gaining insight into the views and experiences of the actors involved in the implementation
process. The findings of the research will enable a better understanding of variation in
implementation and may contribute to the furthering of swift and full implementation of ECtHR