Criticism Of The European Court Of Human Rights

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The European Court of Human Rights and its Discontents

Spyridon Flogaitis,Tom Zwart,Julie Fraser
The European Court of Human Rights and its Discontents Book PDF

Author : Spyridon Flogaitis,Tom Zwart,Julie Fraser
Publisher : Edward Elgar Publishing
Page : 241 pages
File Size : 41,7 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781782546122

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The European Court of Human Rights and its Discontents by Spyridon Flogaitis,Tom Zwart,Julie Fraser Pdf

The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Criticism of the European Court of Human Rights

Patricia Popelier,Sarah Lambrecht,Koen Lemmens
Criticism of the European Court of Human Rights Book PDF

Author : Patricia Popelier,Sarah Lambrecht,Koen Lemmens
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2016
Category : Civil rights
ISBN : 1780684010

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Criticism of the European Court of Human Rights by Patricia Popelier,Sarah Lambrecht,Koen Lemmens Pdf

The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.

The European Court of Human Rights

Helmut P. Aust,Esra Demir-Gürsel
The European Court of Human Rights Book PDF

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 51,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341

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The European Court of Human Rights by Helmut P. Aust,Esra Demir-Gürsel Pdf

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

The European Convention on Human Rights

Loukis Loucaides
The European Convention on Human Rights Book PDF

Author : Loukis Loucaides
Publisher : BRILL
Page : 287 pages
File Size : 45,7 Mb
Release : 2007-10-15
Category : Law
ISBN : 9789047422259

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The European Convention on Human Rights by Loukis Loucaides Pdf

This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.

Human Rights Law in Europe

Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Human Rights Law in Europe Book PDF

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 398 pages
File Size : 51,8 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971939

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Human Rights Law in Europe by Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara Pdf

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Procedural Review in European Fundamental Rights Cases

Janneke Gerards,Eva Brems
Procedural Review in European Fundamental Rights Cases Book PDF

Author : Janneke Gerards,Eva Brems
Publisher : Cambridge University Press
Page : 297 pages
File Size : 55,6 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107183773

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Procedural Review in European Fundamental Rights Cases by Janneke Gerards,Eva Brems Pdf

Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.

Shaping Rights in the ECHR

Eva Brems,Janneke Gerards
Shaping Rights in the ECHR Book PDF

Author : Eva Brems,Janneke Gerards
Publisher : Cambridge University Press
Page : 379 pages
File Size : 47,7 Mb
Release : 2014-01-23
Category : Political Science
ISBN : 9781107729698

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Shaping Rights in the ECHR by Eva Brems,Janneke Gerards Pdf

In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 42,7 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The European Court of Human Rights

Angelika Nussberger
The European Court of Human Rights Book PDF

Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 54,6 Mb
Release : 2020
Category : Law
ISBN : 9780198849643

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The European Court of Human Rights by Angelika Nussberger Pdf

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

The European Convention on Human Rights

William A. Schabas
The European Convention on Human Rights Book PDF

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1414 pages
File Size : 48,9 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066764

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The European Convention on Human Rights by William A. Schabas Pdf

The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

The European Union and Human Rights

Jan Wouters,Michal Ovádek
The European Union and Human Rights Book PDF

Author : Jan Wouters,Michal Ovádek
Publisher : Oxford University Press
Page : 769 pages
File Size : 48,7 Mb
Release : 2021
Category : Law
ISBN : 9780198814177

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The European Union and Human Rights by Jan Wouters,Michal Ovádek Pdf

This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.

Due Process and Fair Trial in EU Competition Law

Cristina Teleki
Due Process and Fair Trial in EU Competition Law Book PDF

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 49,5 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Law, Democracy and the European Court of Human Rights

Rory O'Connell
Law Democracy and the European Court of Human Rights Book PDF

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 49,9 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072

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Law, Democracy and the European Court of Human Rights by Rory O'Connell Pdf

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Homosexuality and the European Court of Human Rights

Paul Johnson
Homosexuality and the European Court of Human Rights Book PDF

Author : Paul Johnson
Publisher : Routledge
Page : 261 pages
File Size : 50,9 Mb
Release : 2013-09-05
Category : Law
ISBN : 9781136218965

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Homosexuality and the European Court of Human Rights by Paul Johnson Pdf

Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

Offend, Shock, or Disturb

Gautam Bhatia
Offend Shock or Disturb Book PDF

Author : Gautam Bhatia
Publisher : Oxford University Press
Page : 365 pages
File Size : 43,7 Mb
Release : 2016-01-14
Category : Law
ISBN : 9780199089529

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Offend, Shock, or Disturb by Gautam Bhatia Pdf

Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.