Applicability of the ECHR case law within the judicial higher Court remedy examination

Abstract

In this paper, we have realized a complex study of the practical aspects regarding the impact of ECtHR jurisprudence on the judicial higher court remedy examination. The paper contains analysis of the theoretical and practical aspects, aimed to resolve procedural issues by referring to the practice of the European Court of Human Rights, addressing in the criminal process the importance of ECtHR precedent and determining the need for its application. The article highlights importance of applying the precedent of the European Court as a source of law in the criminal process, analyzing the premises and consequences of the applicability of ECtHR jurisprudence within judicial higher court remedy examination.