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A Europe of RightsThe Impact of the ECHR on National Legal Systems$
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Helen Keller and Alec Stone Sweet

Print publication date: 2008

Print ISBN-13: 9780199535262

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199535262.001.0001

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The Reception Process in Austria and Switzerland

The Reception Process in Austria and Switzerland

Chapter:
(p.311) 6 The Reception Process in Austria and Switzerland
Source:
A Europe of Rights
Author(s):

Daniela Thurnherr

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199535262.003.0006

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.

Keywords:   European Convention on Human Rights, incorporation, national law, neutrality, federalism

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