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The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
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Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

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Political Opposition and Judicial Resistance to Strasbourg Case Law Regarding Minorities in Bulga

Political Opposition and Judicial Resistance to Strasbourg Case Law Regarding Minorities in Bulga

Chapter:
(p.122) Chapter 5 Political Opposition and Judicial Resistance to Strasbourg Case Law Regarding Minorities in Bulga
Source:
The European Court of Human Rights
Author(s):

Yonko Grozev

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748670574.003.0006

Since the late 1990s in Bulgaria, a significant number of the ECtHR's judgments raised procedural and substantive legal issues pertaining to the rights of political participation and/or protection of ethnic, racial and religious minorities. While authorities eventually implemented domestic measures in judgments involving procedural issues, they have implemented minimally or not at all adverse judgments concerning the substantive rights claims affecting religious and ethnic minorities. Most judgments have seen only partial general measures and limited individual measures. This chapter argues that such variation is significantly determined by factors like political party interests and public attitudes. Where the issue raised by a judgment does not affect negatively any political or institutional interest, or where there is significant public support for it, there is a greater likelihood of effective implementation, as well as legal and policy change. As in other countries, the position taken by national judges can be a pivotal parameter, which, however, in the Bulgarian case too has been highly reluctant and restrained in upholding the rights claims raised by members of minorities.

Keywords:   Ethnic minorities, Muslims, Jehovah's Witnesses, Deportation of foreigners, Litigation

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