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Judicial Dialogue in the Human Rights Domain


Judicial dialogue in the field of the protection of human rights has its own history and faces new challenges. In this article the author firstly explains the mechanism as such, and then tries to find some constructive conclusions concerning the real impact of this kind of judicial activity. All the considerations are focused mainly on the experiences of the European Court of Human Rights and its influence on the other “partners” involved in the effective protection of the rights and freedoms of individuals. Some impressive examples of the practice in this regard are exposed. Nonetheless, in the author’s opinion the visible changes of contemporary sociological conditions, mainly in Europe, have their consequences in the approach of the European courts. Being the main “creators” of human rights standards, they can influence in a tangible way the position of domestic judicial organs. In such a situation an active judicial dialogue (both in its horizontal and vertical dimensions) seems to be even more necessary.