European Human Rights Law

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 248 pages
File Size : 44,6 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971861

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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.

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 44,9 Mb
Release : 2008
Category : Law
ISBN : 9780199277469

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European Human Rights Law by Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley Pdf

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 51,8 Mb
Release : 2000
Category : Political Science
ISBN : 019876569X

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European Human Rights Law by Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley Pdf

The European Convention on Human Rights and Fundamental Freedoms is by now tremendously influential in the legal practice of over forty European states, including the United Kingdom. It is therefore essential that students and lawyers be familiar with the law and procedures of the European Court of Human Rights in Strasbourg. This second edition of the innovative and highly acclaimed European Human Rights Law has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights, expansion of the system to central and eastern Europe, and the incorporation of the European Convention on Human Rights into British law. The book introduces both the process and the substance of this increasingly important area of European law. Presenting extracts from key cases alongside clear and intelligent commentary, Janis, Kay, and Bradley explain the legal rules and court system that has evolved in Strasbourg, how the Court works, and how European human rights law is enforced both at the national and international level. It also puts European human rights law into a useful comparative framework alongside human rights cases decided by courts in the United States and Canada.

Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 238 pages
File Size : 41,8 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701385

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The Right to Equality in European Human Rights Law by Charilaos Nikolaidis Pdf

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 304 pages
File Size : 41,9 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

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 52,6 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.

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 47,6 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.

Author : Marton Varju
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 41,8 Mb
Release : 2014-03-28
Category : Law
ISBN : 9781781951743

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European Union Human Rights Law by Marton Varju Pdf

The European Union�s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This in

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 43,9 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.

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 54,7 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.

Author : Sionaidh Douglas-Scott,Nicholas Hatzis
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 45,8 Mb
Release : 2017-07-21
Category : Electronic
ISBN : 9781782546405

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Research Handbook on EU Law and Human Rights by Sionaidh Douglas-Scott,Nicholas Hatzis Pdf

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 43,7 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : Oxford University Press
Page : 255 pages
File Size : 53,9 Mb
Release : 2011-06-09
Category : Law
ISBN : 9780199694495

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The European Court of Human Rights Between Law and Politics by Jonas Christoffersen,Mikael Rask Madsen Pdf

Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.

Author : Ba,sak Çal)i,Ledi Bianku,Iulia Motoc
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 41,9 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.

Author : Nanette A. Neuwahl,Allan Rosas
Publisher : BRILL
Page : 351 pages
File Size : 41,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482425

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The European Union and Human Rights by Nanette A. Neuwahl,Allan Rosas Pdf