The case law of the European Court of Human Rights and the practice of the supreme administrative court
Abstract
This article focuses on judicial treatment ofthe European Court ofHuman Rights case law by the Supreme Administrative Court, as analysed in the book Domestic Judicial Treatment ofthe European Court ofHuman Rights Case Law: Beyond Compliance (KOSAŘ, D. et al. Routledge, 2020).
The article discusses additional important elements that influence the use ofECtHR case law by Czech apex courts. These additional elements shed light on the Czech practice, especially when compared to the situation inHungary and Poland.
The article also critically comments on the Czech Constitutional Court judgment concerning the assessment ofadomestic law’sconformity with an international human rights treaty. Finally, the author presents his situated contemplations ofajudge ofthe Czech Supreme Administrative Court oncases where anational court revolts against aEuropean Court ofHuman Rights judgment