Socrates. 2016, 2 (5)

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Browsing Socrates. 2016, 2 (5) by Author "Rīga Stradiņš University, Doctoral Degree Programme Law, Latvia / Finland"

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    Comparative Analysis of Casework by the Supreme Court of the Republic of Latvia and the Supreme Court of the Republic of Finland
    (Rīgas Stradiņa universitāte, 2016) Jilkine, Vladimir; Rīga Stradiņš University, Doctoral Degree Programme Law, Latvia / Finland
    The article deals with the legal meaning of the European Convention and decisions of the European Court of Human Rights for the national law proceedings in Latvia and Finland. Case-law of the Republic of Latvia Supreme Court and Supreme Court of Republic of Finland shows that the European Convention refers to important legal instruments, which must be taken into account when deciding on the case. When considering claims for cancellation of in force decisions on the basis of the ECHR Resolution on the recognition of a violation by Finland of Articles of the Convention, the Court refers to numerous decisions of the European Court of affecting the interests of Finland and the other member countries of the Convention, details examining and comparing the circumstances of each case. At the same time the final basis for a decision is based on the national Constitution of the Republic of Finland and Procedure.