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The Effects of the Judgments of the European Court of Human Rights in the Portuguese Legal System

Pages
15
2011 / Vol. 23, No. 3, (81)
Digital Edition

The Effects of the Judgments
of the European Court of Human Rights
in the Portuguese Legal System

Armando Rocha

Lecturer, Law School, Universidade Católica Portuguesa, Lisbon

 

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.

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