Fair Balance Proportionality Subsidiarity And Primarity In The European Convention On Human Rights

Author : Jonas Christoffersen
Publisher : BRILL
Page : 687 pages
File Size : 52,9 Mb
Release : 2009
Category : Political Science
ISBN : 9789004170285

Get Book

Fair Balance by Jonas Christoffersen Pdf

In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

Author : Jonas Christoffersen,Københavns Universitet. Det Juridiske Fakultet
Publisher : Unknown
Page : 654 pages
File Size : 41,8 Mb
Release : 2008
Category : Electronic
ISBN : 8789091019

Get Book

Fair Balance by Jonas Christoffersen,Københavns Universitet. Det Juridiske Fakultet Pdf

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 405 pages
File Size : 40,9 Mb
Release : 2023-06-30
Category : Law
ISBN : 9781316517536

Get Book

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

Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1433 pages
File Size : 52,9 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066771

Get Book

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.

Author : Kate Shaw
Publisher : BRILL
Page : 350 pages
File Size : 44,6 Mb
Release : 2018-03-22
Category : Law
ISBN : 9789004344426

Get Book

The Court of Justice of the European Union by Kate Shaw Pdf

In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice in areas of shared competence.

Author : Angelika Nussberger
Publisher : Oxford University Press
Page : 224 pages
File Size : 40,9 Mb
Release : 2020-05-30
Category : Law
ISBN : 9780192589491

Get Book

The European Court of Human Rights by Angelika Nussberger Pdf

The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions.

Author : Ola Johan Settem
Publisher : Springer
Page : 532 pages
File Size : 45,9 Mb
Release : 2015-12-15
Category : Law
ISBN : 9783319248837

Get Book

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings by Ola Johan Settem Pdf

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Author : Sara Paiusco
Publisher : Nomos Verlag
Page : 492 pages
File Size : 52,9 Mb
Release : 2021-06-17
Category : Law
ISBN : 9783748922766

Get Book

Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law by Sara Paiusco Pdf

Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.

Author : Asbjørn Eide,Jakob Th. Möller,Ineta Ziemele
Publisher : BRILL
Page : 676 pages
File Size : 53,9 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004215801

Get Book

Making Peoples Heard by Asbjørn Eide,Jakob Th. Möller,Ineta Ziemele Pdf

A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels.

Author : Ingrid Leijten
Publisher : Cambridge University Press
Page : 355 pages
File Size : 49,6 Mb
Release : 2018-01-25
Category : Political Science
ISBN : 9781107198470

Get Book

Core Socio-Economic Rights and the European Court of Human Rights by Ingrid Leijten Pdf

Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.

Author : Mark Eugen Villiger
Publisher : BRILL
Page : 771 pages
File Size : 46,8 Mb
Release : 2022-12-05
Category : Law
ISBN : 9789004443839

Get Book

Handbook on the European Convention on Human Rights by Mark Eugen Villiger Pdf

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

Author : Michael Reiertsen
Publisher : Cambridge University Press
Page : 365 pages
File Size : 48,7 Mb
Release : 2022-08-25
Category : Political Science
ISBN : 9781009182461

Get Book

Effective Domestic Remedies and the European Court of Human Rights by Michael Reiertsen Pdf

In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.

Author : Sonia Morano-Foadi,Lucy Vickers
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 55,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782258896

Get Book

Fundamental Rights in the EU by Sonia Morano-Foadi,Lucy Vickers Pdf

This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.

Author : Emmanouil Billis,Nandor Knust,Jon Petter Rui
Publisher : Bloomsbury Publishing
Page : 496 pages
File Size : 49,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781509938629

Get Book

Proportionality in Crime Control and Criminal Justice by Emmanouil Billis,Nandor Knust,Jon Petter Rui Pdf

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.

Author : Amrei Müller,Hege Elisabeth Kjos
Publisher : Cambridge University Press
Page : 641 pages
File Size : 49,8 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107173583

Get Book

Judicial Dialogue and Human Rights by Amrei Müller,Hege Elisabeth Kjos Pdf

A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.