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Author : Clovis C. Morrisson
Publisher : Martinus Nijhoff Publishers
Page : 190 pages
File Size : 42,6 Mb
Release : 1981-08-31
Category : Political Science
ISBN : 9789024725465
On the Commission and the Court.
Author : C. Morrisson
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 1981
Category : Electronic
ISBN : 9028605703
Author : Howard Charles Yourow
Publisher : BRILL
Page : 241 pages
File Size : 48,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482265
The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 1115 pages
File Size : 51,8 Mb
Release : 2013-09-05
Category : Law
ISBN : 9780191509971
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.
Author : Patricia Popelier,Sarah Lambrecht,Koen Lemmens
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2016
Category : Civil rights
ISBN : 1780684010
The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.
Author : Yutaka Arai
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2006
Category : Civil rights
ISBN : 9050956165
Since the first edition of Theory and Practice of the European Convention on Human Rights in 1978, this book has become a reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. As a result of the increase in the number of Parties to the Convention from 22 in 1989 to 46 today and of the coming into force of Protocol No. 11, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. This is reflected in this fourth edition of Theory and Practice of the European Convention on Human Rights. Ã?Â?Particular attention is paid to the changes that have taken place in the supervisory system as a result of the coming into force of Protocol No. 11 and to the central part that the Court plays in these changes. This edition also anticipates the entry into force of Protocol No. 14, which will again bring changes to the system. The result is a very accessible and easy-to-use reference book, which provides an essential source of information for the practitioners and theorists in the field of human rights.Ã?Â?
Author : Pieter Van Dijk,Godefridus J. H. Hoof
Publisher : Springer
Page : 684 pages
File Size : 53,8 Mb
Release : 1990
Category : Law
ISBN : UOM:39015024769583
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.
Author : J. G. Merrills
Publisher : Manchester University Press
Page : 354 pages
File Size : 42,7 Mb
Release : 1993
Category : Civil rights
ISBN : 0719045606
The rule of law.
Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 54,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX
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 : Oddný Mjöll Arnadóttir
Publisher : BRILL
Page : 283 pages
File Size : 47,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481534
The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.
Author : Stephanos Stavros
Publisher : BRILL
Page : 404 pages
File Size : 41,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481862
In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
Author : Lawson
Publisher : Martinus Nijhoff Publishers
Page : 440 pages
File Size : 54,7 Mb
Release : 2023-10-09
Category : Law
ISBN : 9789004632752
Over the years the protection of human rights, both at the regional level in Europe and at other levels, has been marked by profound change. This is certainly true of the way in which fundamental rights, such as the right to a fair trial, are interpreted and applied by international and domestic courts. New issues such as minority rights and the protection of economic, social and cultural rights have emerged. At the same time, a number of institutional questions have arisen amongst which the possibility of responding to urgent human rights abuses, the need to reform the monitoring mechanism of the European Convention on Human Rights, and the relationship between the Convention and the European Communities. This volume provides the reader with a comprehensive and challenging overview of the most topical aspects of the international protection of human rights.
Author : Jonas Christoffersen
Publisher : BRILL
Page : 686 pages
File Size : 50,8 Mb
Release : 2009-06-02
Category : Law
ISBN : 9789004180819
Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.
Author : Tom Zwart
Publisher : Martinus Nijhoff Publishers
Page : 264 pages
File Size : 47,9 Mb
Release : 2022-06-08
Category : Law
ISBN : 9789004482234
Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty. Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party has violated the rights enumerated in the treaty. However, these same institutions appear no longer merely to confine themselves to considering individual petitions. Due to the growing number of complaints, they have become increasingly preoccupied with managing their workload. The present volume focuses attention on two international institutions, one regional (the European Commission on Human Rights), and one global (the Human Rights Committee). It thoroughly examines the admissibility conditions of both the Commission and the Court by means of their case law and discusses possible changes which might reduce this case load. Chapter 2 discusses the procedural aspects of both systems, in particular, the division of labour and the various stages of the proceedings. Chapters 3-9 explore the case law of both organs concerning admissibility conditions, and such topics as competence ratione personae (including standing, the victim requirement and State responsibility), competence ratione temporis, competence ratione materiae, inadmissibility pendente lite and the exhaustion of local remedies.
Author : Janneke Gerards,J. W. A. Fleuren
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2014
Category : Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5)
ISBN : 1780682174
This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.
