Protocol No 14 And The Reform Of The European Court Of Human Rights

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The European Court of Human Rights between Law and Politics

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 1115 pages
File Size : 43,5 Mb
Release : 2013-09-05
Category : Law
ISBN : 9780191509971

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

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

Reforming the European Convention on Human Rights

Author : Council of Europe. Steering Committee for Human Rights,Council of Europe
Publisher : Council of Europe
Page : 724 pages
File Size : 53,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9287166048

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Reforming the European Convention on Human Rights by Council of Europe. Steering Committee for Human Rights,Council of Europe Pdf

The European ministerial conference on human rights, meeting in Rome on the 50th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms, emphasised two crucial elements: - the responsibility of member states, Parties to the Convention, to ensure constantly that their law and practice conform to the Convention and to execute the judgments of the European Court of Human Rights; - that urgent measures be taken to assist the Court in carrying out its functions, given the ever increasing number of applications. An in-depth reflection should be started as soon as possible on the various possibilities and options with a view to ensuring the effectiveness of the Court in the light of this new situation. The Rome conference has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention. This work has benefited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.

The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions

Author : Rüdiger Wolfrum,Ulrike Deutsch
Publisher : Springer Science & Business Media
Page : 136 pages
File Size : 46,5 Mb
Release : 2009-04-21
Category : Law
ISBN : 9783540939603

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The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions by Rüdiger Wolfrum,Ulrike Deutsch Pdf

The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court’s success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.

Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Amending the Control System of the Convention

Author : Council of Europe
Publisher : Council of Europe
Page : 20 pages
File Size : 49,7 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9287155003

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Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Amending the Control System of the Convention by Council of Europe Pdf

Opposite pages bear parallel texts and duplicate numbering

Introduction to the European Convention on Human Rights

Author : Jean-François Renucci
Publisher : Council of Europe
Page : 132 pages
File Size : 47,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 9287157154

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Introduction to the European Convention on Human Rights by Jean-François Renucci Pdf

The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Protocol No. 14 to the European Convention on Human Rights,First Report of Session 2004-05,Report,Together with Formal Minutes,And Appendices

Author : Great Britain. Parliament Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 25 pages
File Size : 43,8 Mb
Release : 2004
Category : Electronic
ISBN : 0104005696

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Protocol No. 14 to the European Convention on Human Rights,First Report of Session 2004-05,Report,Together with Formal Minutes,And Appendices by Great Britain. Parliament Joint Committee on Human Rights Pdf

The Committee's report examines the Protocol to the European Convention on Human Rights amending the control system of the Convention, as it considers it desirable for Parliament to be more involved before the ratification of treaties which incur UK human rights obligations. The report sets out the background to the adoption of the Protocol; and its effects, including the main reforms intended to reduce the workload on the Court, changes to the process for filtering out unmeritorious cases, the introduction of a new admissibility criterion, new measures for dealing with repetitive cases, and new provisions to improve the execution of Court judgments. Conclusions reached include broad support for the Protocol as it should improve the functioning of the control system of the Convention, and concern over the restriction on the right of individual petition and the national measures of implementation required.

Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Author : Council of Europe,Council of Europe. Committee of Ministers
Publisher : Council of Europe
Page : 24 pages
File Size : 42,8 Mb
Release : 1992-01-01
Category : Political Science
ISBN : 9287120080

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Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms by Council of Europe,Council of Europe. Committee of Ministers Pdf

The Interpretation and Application of the European Convention of Human Rights

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 304 pages
File Size : 55,8 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

Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby

Author : Council of Europe
Publisher : Council of Europe
Page : 32 pages
File Size : 55,5 Mb
Release : 1994-01-01
Category : Political Science
ISBN : 9287125139

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Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby by Council of Europe Pdf

Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Amending the Control System of the Convention

Author : Anonim
Publisher : Unknown
Page : 20 pages
File Size : 54,5 Mb
Release : 2004
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : UVA:X004837584

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Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Amending the Control System of the Convention by Anonim Pdf

The European Court of Human Rights

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 53,5 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 Execution of Judgments of the European Court of Human Rights

Author : Elisabeth Lambert-Abdelgawad
Publisher : Council of Europe
Page : 92 pages
File Size : 53,7 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9287163731

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The Execution of Judgments of the European Court of Human Rights by Elisabeth Lambert-Abdelgawad Pdf

An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.

Collected Courses of the Academy of European Law

Author : Academy of European Law (Florence, Italy),Academy of European Law Staff
Publisher : Kluwer Law International B.V.
Page : 416 pages
File Size : 49,9 Mb
Release : 1997-05-29
Category : Law
ISBN : 9789041104441

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Collected Courses of the Academy of European Law by Academy of European Law (Florence, Italy),Academy of European Law Staff Pdf

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).