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The Norwegian Court Applies the ECHR by Building upon Its Underlying Principles

The Norwegian Court Applies the ECHR by Building upon Its Underlying Principles Mads ANDENAS & Eirik BJORGE* In relation to national implementation of the European Convention on Human Rights (ECHR), one difficult question has arisen in many European jurisdictions in the last few years: How ought the national courts to approach a question under the European Convention which has not four-square been settled by the European Court of Human Rights at Strasbourg? Ought the courts to content themselves only to `shadow' the European Court,1 the effect of which would be that when there is no clear European case on facts similar to those facing the national court no succour may be found in the Convention rights? While this type of situation might be more complex than what one would have thought at first national courts, not least in the United Kingdom2 and France,3 are coming to grips with this question.4 This is also the case with Norwegian law.5 In an earlier rapport in these pages, an analysis was given of basic questions of implementation of the ECHR in Norwegian law.6 The back-story of the early 2000s could be summed up as follows. Prof. Mads Andenas, Professor of Law University of Oslo. Eirik Bjorge, research student Corpus Christi College Oxford. Sugar http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

The Norwegian Court Applies the ECHR by Building upon Its Underlying Principles

European Public Law , Volume 19 (2) – Jun 1, 2013

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Kluwer Law International
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Copyright © Kluwer Law International
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1354-3725
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Abstract

Mads ANDENAS & Eirik BJORGE* In relation to national implementation of the European Convention on Human Rights (ECHR), one difficult question has arisen in many European jurisdictions in the last few years: How ought the national courts to approach a question under the European Convention which has not four-square been settled by the European Court of Human Rights at Strasbourg? Ought the courts to content themselves only to `shadow' the European Court,1 the effect of which would be that when there is no clear European case on facts similar to those facing the national court no succour may be found in the Convention rights? While this type of situation might be more complex than what one would have thought at first national courts, not least in the United Kingdom2 and France,3 are coming to grips with this question.4 This is also the case with Norwegian law.5 In an earlier rapport in these pages, an analysis was given of basic questions of implementation of the ECHR in Norwegian law.6 The back-story of the early 2000s could be summed up as follows. Prof. Mads Andenas, Professor of Law University of Oslo. Eirik Bjorge, research student Corpus Christi College Oxford. Sugar

Journal

European Public LawKluwer Law International

Published: Jun 1, 2013

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