European Convention Human

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General Principles of the European Convention on Human Rights

Janneke Gerards
General Principles of the European Convention on Human Rights Book PDF

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 48,6 Mb
Release : 2023-06-30
Category : Political Science
ISBN : 9781009050937

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General Principles of the European Convention on Human Rights by Janneke Gerards Pdf

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

The Evolution of the European Convention on Human Rights

Ed Bates
The Evolution of the European Convention on Human Rights Book PDF

Author : Ed Bates
Publisher : Oxford University Press
Page : 609 pages
File Size : 44,6 Mb
Release : 2010-12-23
Category : Law
ISBN : 9780199207992

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The Evolution of the European Convention on Human Rights by Ed Bates Pdf

The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.

Theory and Practice of the European Convention on Human Rights

Pieter Van Dijk,Godefridus J. H. Hoof
Theory and Practice of the European Convention on Human Rights Book PDF

Author : Pieter Van Dijk,Godefridus J. H. Hoof
Publisher : Springer
Page : 684 pages
File Size : 40,8 Mb
Release : 1990
Category : Law
ISBN : UOM:39015024769583

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Theory and Practice of the European Convention on Human Rights by Pieter Van Dijk,Godefridus J. H. Hoof Pdf

Kluwer Law International is happy to announce the third edition of Van Dijk & Van Hoof's classic work: Theory & Practice of the European Convention on Human Rights. The developments which have taken place under the Convention since the second edition was published have been numerous & comprehensive, & the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; & the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice & case-law of both the European Commission & the European Court of Human Rights, & is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission & it is expected that it will be guided by the Commission's procedures & working methods, & by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice & case-law of the new Court for many years to come.

The Interpretation and Application of the European Convention of Human Rights

Malgosia Fitzmaurice,Panos Merkouris
The Interpretation and Application of the European Convention of Human Rights Book PDF

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 304 pages
File Size : 46,6 Mb
Release : 2012-12-07
Category : Law
ISBN : 9789004242814

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The Interpretation and Application of the European Convention of Human Rights by Malgosia Fitzmaurice,Panos Merkouris Pdf

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of 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 : 54,8 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.

An Introduction to the European Convention on Human Rights

Council of Europe
An Introduction to the European Convention on Human Rights Book PDF

Author : Council of Europe
Publisher : Unknown
Page : 100 pages
File Size : 50,5 Mb
Release : 2018-10-05
Category : Electronic
ISBN : 9287186103

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An Introduction to the European Convention on Human Rights by Council of Europe Pdf

The right to life, prohibition of torture, freedom of thought, conscience and religion, freedom of expression, the right to marriage. Did you know that these rights and many others are protected by the European Convention on Human Rights? The author of this book illustrates each of these rights in a simple and clear way, using specific examples. He also sets the action of the European Court of Human Rights in the wider context ofCouncil of Europe activities pursuing the same ideals.

The European Convention on Human Rights

Steven Greer
The European Convention on Human Rights Book PDF

Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 49,6 Mb
Release : 2006-11-30
Category : Law
ISBN : 9781139461962

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The European Convention on Human Rights by Steven Greer Pdf

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Migration and the European Convention on Human Rights

Ba,sak Çal)i,Ledi Bianku,Iulia Motoc
Migration and the European Convention on Human Rights Book PDF

Author : Ba,sak Çal)i,Ledi Bianku,Iulia Motoc
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 40,9 Mb
Release : 2021-02-25
Category : Law
ISBN : 9780192895196

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Migration and the European Convention on Human Rights by Ba,sak Çal)i,Ledi Bianku,Iulia Motoc Pdf

This edited collection provides a comphrehensive analysis of how the European Convention on Human Rights protects the rights of migrants in different stages of migration, including asylum seekers, irregular migrants, and those who have migrated through domestic lawful routes.

The individual application under the European Convention on Human Rights

Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou
The individual application under the European Convention on Human Rights Book PDF

Author : Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou
Publisher : Council of Europe
Page : 166 pages
File Size : 54,5 Mb
Release : 2019-06-27
Category : Political Science
ISBN : 9789287189622

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The individual application under the European Convention on Human Rights by Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou Pdf

An indispensable practical guide for any potential applicant and any legal professional This book, which is a practical guide aimed at both professional lawyers and potential applicants, clearly and comprehensively describes and analyses the main stages in the processing of an application before the organs of the European Convention on Human Rights. Detailed descriptions are provided of the Convention system, the Rules of the European Court of Human Rights and the procedures which the Court has developed to expedite and optimise case processing. Crafted by two specialists on the Convention, Linos-Alexandre Sicilianos, the current President of the European Court of Human Rights, and Maria-Andriani Kostopoulou, a lawyer at the Greek Court of Cassation, the book does not merely explain how to prepare and lodge an application, in particular as regards the formal requirements and admissibility criteria; it also presents a detailed assessment of a case by the various formations of the Court, covering all stages right through to the conclusion of proceedings. Finally, having analysed the judicial stage, the book goes on to describe the procedure for supervision of the execution of judgments before the Committee of Ministers of the Council of Europe.

The Application of the European Convention on Human Rights to Military Operations

Stuart Wallace
The Application of the European Convention on Human Rights to Military Operations Book PDF

Author : Stuart Wallace
Publisher : Cambridge University Press
Page : 277 pages
File Size : 50,9 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108475181

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The Application of the European Convention on Human Rights to Military Operations by Stuart Wallace Pdf

An analysis of how the European Convention on Human Rights applies to military operations.

Prohibition of Discrimination Under the European Convention on Human Rights

Frédéric Edel,Council of Europe
Prohibition of Discrimination Under the European Convention on Human Rights Book PDF

Author : Frédéric Edel,Council of Europe
Publisher : Council of Europe
Page : 156 pages
File Size : 51,5 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9287168172

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Prohibition of Discrimination Under the European Convention on Human Rights by Frédéric Edel,Council of Europe Pdf

The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

The Positive Obligations of the State under the European Convention of Human Rights

Dimitris Xenos
The Positive Obligations of the State under the European Convention of Human Rights Book PDF

Author : Dimitris Xenos
Publisher : Taylor & Francis
Page : 266 pages
File Size : 53,8 Mb
Release : 2012-04-27
Category : Law
ISBN : 9781136664441

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The Positive Obligations of the State under the European Convention of Human Rights by Dimitris Xenos Pdf

The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.

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 : 51,8 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.

European Convention on Human Rights Year: 1971

Council of Europe/Conseil de L'Europe
European Convention on Human Rights Year 1971 Book PDF

Author : Council of Europe/Conseil de L'Europe
Publisher : Martinus Nijhoff Publishers
Page : 1010 pages
File Size : 41,8 Mb
Release : 1973-07-01
Category : Political Science
ISBN : 9789024715466

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European Convention on Human Rights Year: 1971 by Council of Europe/Conseil de L'Europe Pdf

This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.