THE BINDING FORCE OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

The article is dedicated to determine de iure and de facto binding force of the case law of the European Court of Human Rights (hereinafter the ‘ECHR’) and its place in the system of legal sources in Latvia. The case law of the ECHR consists of legally important statements, which are included in judgements and decisions of ECHR, namely, of an interpretation of legal norms, made by the ECHR, and of judge-made law norms, which the ECHR has found in legal system by use of a further law-making. The author concludes that the case law of the ECHR is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia but also all other member states of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of type of legal system in these states.