According to the prevailing opinion, ECtHR judgments do not bind the members of the Council of Europe beyond the individual case. The aim of this paper is to present arguments against this prevailing opinion and make a case for a legally binding effect of ECtHR judgments beyond the individual case within the Austrian legal order. We demonstrate that such an obligation follows from the system and telos of the ECHR and the constitutional principles of legal certainty and equality before the law and not only arises when a systematic problem in Austria is concerned, but also where well-established case-law of the Court exists. Moreover, we approach the question from an EU law perspective and argue in favour of a legally binding, albeit limited, effect of the Court’s judgments by virtue of EU law.
About the authors
Assistant Professor at the Vienna University of Economics and Business, Institute for Austrian and European Public Law
EU-Trainee at the Austrian Federal Economic Chamber
© 2017 by Walter de Gruyter Berlin/Boston