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

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, which has hitherto been neglected in the literature on implementation of ECtHR judgments. 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 judgments.


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