Az Emberi Jogok Európai és Amerikaközi ... - Miskolci Egyetem

the opposite direction. Although the principle subject of the thesis is to examinethese judgments and the quotations therein, besides the explicit cross-fertilization Isometimes equally consider the possibility of a hidden interaction.According to the thesis, the – at the first glance maybe surprising –interaction of the mentioned regional tribunals is (when it remains within theappropriate frames) positive, correct. It helps namely the human rights mechanismof the receiving party, when in a problem new for him acceptable and transportablelegal solution have already been found in the other system. This happened e.g. as tothe question of the forced disappearance cases where the solutions came to Europe,concerning the procedural guarantees where Strasbourg solutions were taken overby San José, or as to the continuing violation theory where the interaction worked inboth directions. The positive effects of the interaction do not only have timedimensions: it strengthen the totality of the international human rights protection atthe end.As it is obvious from the statistics above, both in numbers and proportions,the Inter-American Court quotes Strasbourg more often than reversely.Nevertheless, according to the argumentation of the thesis – though the proportionscannot be significantly changed in the near future – the interaction should beextended on the European side. The thesis, when presenting the Inter-Americansystem sometimes a bit in a more detailed way, tries to draw the attention to exactlysuch fields, saying – in a from a European point of view surely unorthodox way –that the admittedly highly precious jurisprudence of Strasbourg may not havedeveloped in the most optimal way; there are certain questions the solution of whichis more progressive at the little sister in San José.The thesis contains three major parts: in Part I, besides presenting the inEurope not well-known Inter-American system (I.1.), it treats the interaction of theinternational (including the international human rights) fora (I.2.). Part II focuses oncertain procedural questions, and searches for the points of interaction alreadyexisting or to be expected: treats the questions of the advisory opinions (II.1.),provisional measures (II.2.) and the situation of the victims (II.3.), in particular alsoto the question of ius standi-locus standi and the reparations. Part III examines the209