Binding effects of the European Court of Human Right Judgments and Extradition

Abstract

The objective of this study is to analyze the binding effect of the rulings of the European Court of Human Rights (ECtHR), particularly in relation to prison overcrowding in Ukraine and its impact on extradition procedures. The methodology employed is based on a jurisprudential approach that examines the decisions issued by the ECtHR, complemented by doctrinal analysis and the interpretation of national European courts regarding the application of human rights in Ukrainian detention facilities. The main findings of the study reveal that prison overcrowding in Ukraine constitutes a repeated violation of Article 3 of the European Convention on Human Rights, which is why several European courts have denied extradition requests to the country. It is highlighted that the jurisprudential doctrine of the ECtHR should be considered binding for all national courts, including those not involved in the original proceedings. In particular, the study emphasizes the need to incorporate the binding nature of the ECtHR’s jurisprudence regarding prison overcrowding into Spanish legislation, which would strengthen effective judicial protection and ensure the proper application of fundamental rights within the European community.