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The role of domestic courts as guardians of the European Convention on Human Rights and the role of the European Court of Human Rights as "ultimate guardian of the Convention"

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  1. Principle of subsidiarity between national law and European Convention
  2. Role of the European Court as the ultimate guardian of the Convention

As the Parliamentary Assembly of the Council of Europe said, the European Convention on Human Rights has a fundamental role. It assures the protection of individuals and creates positive obligations for States to ensure such a protection on behalf of common values of the High Contracting Parties. Described as an "instrument of protection of human beings", the Convention is an objective instrument that founds the common solidarity, which is expressed within the creation of a collective safeguard of human rights. Because the protection of these rights forms a part of the culture shared by the contracting States, the Convention provides a real public action and gives the States the duty of ensuring collectively and in solidarity the safeguard of the rights contained in it.

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