WHY SHOULD EUROPEAN STANDARDS ON HUMAN RIGHTS BE APPLIED IN THE ADMINISTRATION OF JUSTICE?

Abstract

The application of European standards to human rights cases presents the possibility of making proper court decisions. European standards present certain guidelines for protecting human rights and fostering the maximum protection of those human rights. Some courts of certain European states have directly referred to this in their decisions on European standards as to the guideline on the protection of human rights. In administering justice, the application of European standards has several significant preponderance, and if used, the Georgian courts will have the opportunity to ensure the protection of human rights in compliance with European standards. In administering justice, the application of European standards could be applied as follows:

a. to properly explain general or vague domestic legal norms; b. to prevent any collision with domestic normative acts; c. to narrow the gap in domestic normative acts; d. to foresee the decisions of the European court; e. to develop national standards of human rights; f. to render legal credibility to court decisions.