‘The Concept of Precedent at the European Court for Human Rights and Nation-al Responses to the Doctrine With Special Reference to the Constitutional Court of the Republic of Serbia’

in: Harmonisation of Serbian and Hungarian Law with the European Union Law, vol. VI, Faculty of Law Novi Sad Publishing Center: Novi Sad, pp. 223-240, 2018

19 Pages Posted: 6 Jan 2020

See all articles by Sanja Djajic

Sanja Djajic

University of Novi Sad - Faculty of Law

Date Written: 2018

Abstract

This article tends to outline the scope and effect of the doctrine of precedent at the European Court of Human Rights. The overview starts with the concept of precedent in general international law and before international courts which engineered the concept of de facto precedent. The evidence show that the European Court of Human Rights adopted the very same concept of de facto precedent on the grounds of legal certainty and stability and not as a matter of legal obligation. This article argues that the European Court, in addition to adopting the general trend on de facto precedent, has also devised its special concepts and doctrines of precedent in the form of pilot judgments and the concept “well-established case-law” under Article 28(1)b of the Convention. The article concludes with the analysis of the Constitutional Court case law in relation to the binding effect of the European Court of Human Rights judgments.

Keywords: doctrine of precedent, de facto precedent, pilot judgment procedure, “well-established case-law”

Suggested Citation

Djajic, Sanja, ‘The Concept of Precedent at the European Court for Human Rights and Nation-al Responses to the Doctrine With Special Reference to the Constitutional Court of the Republic of Serbia’ (2018). in: Harmonisation of Serbian and Hungarian Law with the European Union Law, vol. VI, Faculty of Law Novi Sad Publishing Center: Novi Sad, pp. 223-240, 2018, Available at SSRN: https://ssrn.com/abstract=3503002

Sanja Djajic (Contact Author)

University of Novi Sad - Faculty of Law ( email )

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