Правно действие на решенията на Европейския съд по правата на човека: общ поглед, задължения на държавата за изпълнение, тълкувателна сила и последици
Legal Aspects of the Judgments of the European Court of Human Rights: General Overview, The State's Ensuing Obligations, Interpretive Value and ...

Summary/Abstract: Legal Aspects of the Judgments of the European Court of Human Rights: General Overview, The State's Ensuing Obligations, Interpretive Value and Effects in Domestic Law / Exploring the legal nature and effects of the "Strasbourg judgments" requires crossing the thresholds of general international public law, human rights, constitutional law, civil and criminal procedure, and often-other fields of law. Starting from the specific features of the European Convention of Human Rights and the role of its Court, it describes the nature and scope of the Court's judgments' binding force and continues with an analysis of their legal effect in international law and, in particular, the State's obligations to provide restitutio in integrum. Turning to the concrete implications, the article analyses who, when, how and by what means should discharge the State's obligations after a "condemnation" by the Court in Strasbourg. The question of the judgments' legal effects in domestic law is inevitably next in order, hand in hand with a discussion on their interpretative value and direct application by domestic courts. Special attention is devoted to the reopening of judicial proceedings as a means of achieving restitutio in integrum. Following a short comparative analysis, an attempt is made to circumscribe the possible scope of application of two recent provisions of Bulgarian law allowing a reopening following a Strasbourg judgment.

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