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Author : Octavian Ichim
Publisher : Cambridge University Press
Page : 411 pages
File Size : 50,8 Mb
Release : 2015
Category : Law
ISBN : 9781107072367
The most comprehensive account on the question of reparation before a human rights court.
Author : Octavian Ichim
Publisher : Unknown
Page : 412 pages
File Size : 55,7 Mb
Release : 2015
Category : Human rights
ISBN : 1316206289
"How effective is the European Court of Human Rights in dispensing justice? With over 17,000 judgments handed down, it is undoubtedly the most prolific international court but is it the most efficient when compensating the victims of a violation? This crucial but often overlooked question is the focus of this important new monograph which gives a clear, comprehensive and convincing demonstration of the negative impact, in terms of unpredictability and legal uncertainty, of the discretion used by the Court when it comes to the regime of reparation. It reveals the adverse influence of such a high discretion on the quality of its rulings - ultimately on the coherence of the system and on the Court's authority, and makes suggestions for improvement"--
Author : Octavian Ichim
Publisher : Unknown
Page : 412 pages
File Size : 51,7 Mb
Release : 2015
Category : Human rights
ISBN : 1316209989
"How effective is the European Court of Human Rights in dispensing justice? With over 17,000 judgments handed down, it is undoubtedly the most prolific international court but is it the most efficient when compensating the victims of a violation? This crucial but often overlooked question is the focus of this important new monograph which gives a clear, comprehensive and convincing demonstration of the negative impact, in terms of unpredictability and legal uncertainty, of the discretion used by the Court when it comes to the regime of reparation. It reveals the adverse influence of such a high discretion on the quality of its rulings - ultimately on the coherence of the system and on the Court's authority, and makes suggestions for improvement"--
Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 933 pages
File Size : 40,9 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110260007
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author : Karen Reid
Publisher : Thomson Sweet & Maxwell
Page : 752 pages
File Size : 47,7 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063919687
This is a practical, analytical guide to case law under the European Convention. It shows the type of case which is usually successful, those cases which have failed, and those which have not yet been raised, but could be successful.
Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 53,6 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341
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 : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 51,7 Mb
Release : 2006-11-30
Category : Law
ISBN : 9781139461962
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.
Author : Stefan Somers
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2018
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1780686838
This book provides a detailed examination of the European Court of Human Rights' practice to award compensation under Article 41 of the European Convention on Human Rights and its consequences.
Author : Loukis Loucaides
Publisher : BRILL
Page : 287 pages
File Size : 43,5 Mb
Release : 2007-10-15
Category : Law
ISBN : 9789047422259
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.
Author : Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou
Publisher : Council of Europe
Page : 166 pages
File Size : 43,8 Mb
Release : 2019-06-27
Category : Political Science
ISBN : 9789287189622
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.
Author : Isabella Risini
Publisher : BRILL
Page : 294 pages
File Size : 44,8 Mb
Release : 2018-05-09
Category : Law
ISBN : 9789004357266
The comprehensive analysis about the Inter-State Application under the ECHR by Isabella Risini fills a gap in the literature. The study provides an informed proposal to strengthen the protection of human rights in Europe and the role of the Court.
Author : Marc-André Eissen,European Court of Human Rights,Council of Europe
Publisher : Council of Europe
Page : 88 pages
File Size : 41,5 Mb
Release : 1996-01-01
Category : Political Science
ISBN : 9287130280
A. The parties' conduct
Author : William A. Schabas
Publisher : Oxford University Press
Page : 1414 pages
File Size : 54,8 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066764
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 : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 0 pages
File Size : 51,7 Mb
Release : 2011
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 3119165972
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author : Philip Leach
Publisher : Oxford University Press, USA
Page : 695 pages
File Size : 41,6 Mb
Release : 2011-08-11
Category : Law
ISBN : 9780199585021
Previous editions published : 2nd (2005) and 1st (2001).
