The impact of the European Convention on Human Rights and the practice of the European Court of Human Rights in the national legal systems of the member states with special reference to the Republic of Serbia

Abstract

The European Convention on Human Risght is a unique system of protection of human rights and an international document which, along with more then half a century long practice of the European Court of Humen Rights, undoubtedly affects the national legislation and case law of the Member States, including the Republic of Serbia. Through that influence, the national legal system is hermonized with the EU acquis communautaire( whose member the Republic of Serbia is aiming to become), since all members of the European Union, through the membership in the Council of Evrope, are the signatories to the Convention. In the field of protection of the rights guaranteed by Convention, the importance of accepting the EU Acquis Communautaire, i.e. the common European values, is reflected in the improvement of the national lagislative framework and the hermonization of natinal case law with avvepted European standards. This ensures that the protection of guaranteed rights is achieved significantly faster ane more efficiently, but it also provides an opportunity to consider possible directions of development de lage ferende that would lead to improvement in the protection of rights by upgrading the existing solution and implementing the new ones.