The effects of the Judgments of the European Court of Human Rights in the Portuguese Legal system

• Autores: Armando Rocha Trindade
• Localización: Revue europeenne de droit public = European review of public law = Eur. Zeitschrift des offtl. Rechts = Rivista europea di diritto pubblico, ISSN 1105-1590, Vol. 23, Nº 3, 2011, págs. 855-869
• Idioma: inglés
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• Resumen

  • The legal protection established by the Convention cannot be waived by the legis­lator and its contents must be disclosed to and complied with by the governing bodies. The most important issue is the analysis of the effects of the Court�s judg­ments, since this procedural guarantee is largely dependant on the effects that the decisions of international institutions may produce in the Portuguese legal system. The Court�s judgments are not enforceable in Portugal and do not have a constitu­tive effect. Even though, Portugal shall take all the necessary measures to enforce the rights granted by the Convention to each private individual. The Portuguese leg­islator was aware of this and, as a consequence, stated that the issuance of a judgment by the Court may compel the Portuguese Republic to review the contents of a decision of a Portuguese jurisdictional body. In regard with the violations oc­curred through a normative act, it is our conviction that Portugal is compelled to modify the non-conforming national provisions due to the duty of conforming the national legislation with the Convention impending on the High Contracting Par­ties.