| Abstrakt: |
The article examines the supranational nature of the decisions of international judicial institutions. Throughout history, and especially since the second half of the twentieth century, the role of courts has gone beyond national borders. The result of this was the formation of judicial mechanisms that direct their decisions across international borders and supposedly have a higher legal force than the decisions of the courts of individual countries. Among these: the International Court of Justice of the United Nations (decides, in accordance with international law, legal disputes of states referred to it by member states and some neutral parties, and also provides advisory opinions on legal issues referred to it by international organizations), the European Court of Justice on human rights (allows individuals, groups of individuals or nongovernmental organizations to submit complaints against a European state to a judicial body after they have been refused satisfaction in their national courts), the International Criminal Court (competes to prosecute persons responsible for war crimes, genocide and crimes against humanity), the Court of Justice of the European Union (created a form of decentralized sanctions against non-compliant member states). At the same time, the supranational nature of the decisions of modern international judicial institutions is marked by conditionality: the International Court of Justice of the United Nations can consider a dispute between states only if the respective states have the right to participate in the consideration of the case in court. States can obtain such authority by becoming parties to the Statute of the Court through UN membership or by complying with certain conditions; the implementation of decisions of the European Court of Human Rights is not supported by a strict system of coercion, but is based on voluntary consent to their implementation, which does not always happen; the decision of the International Criminal Court is binding only for those states that have officially expressed their consent to the binding nature of the provisions of the Rome Statute; The Court of Justice of the European Union can only interpret the main treaties and has no authority to interpret national constitutions. [ABSTRACT FROM AUTHOR] |
