The European Convention Of Human Rights Regime

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The EU Accession to the ECHR

Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos
The EU Accession to the ECHR Book PDF

Author : Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos
Publisher : Bloomsbury Publishing
Page : 547 pages
File Size : 40,5 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254478

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The EU Accession to the ECHR by Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos Pdf

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

Introduction to the European Convention on Human Rights

Jean-François Renucci
Introduction to the European Convention on Human Rights Book PDF

Author : Jean-François Renucci
Publisher : Council of Europe
Page : 132 pages
File Size : 40,8 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.

The European Court of Human Rights and its Discontents

Spyridon Flogaitis,Tom Zwart,Julie Fraser
The European Court of Human Rights and its Discontents Book PDF

Author : Spyridon Flogaitis,Tom Zwart,Julie Fraser
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 55,5 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781782546122

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The European Court of Human Rights and its Discontents by Spyridon Flogaitis,Tom Zwart,Julie Fraser Pdf

The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

European Human Rights Law

Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
European Human Rights Law Book PDF

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 47,8 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.

Short Guide to the European Convention on Human Rights

Donna Gomien
Short Guide to the European Convention on Human Rights Book PDF

Author : Donna Gomien
Publisher : Council of Europe
Page : 188 pages
File Size : 46,9 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015061013796

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Short Guide to the European Convention on Human Rights by Donna Gomien Pdf

This third edition of the Short Guide, which covers developments to the end of 2003, provides a concise overview of the basic rights guaranteed by the Council of Europe's Convention on Human Rights, and the case-law relating to these rights. The publication also details the procedures followed by the European Court of Human Rights when handling applications under the Convention, and the role of the Committee of Ministers as a supervisory organ in giving force to the judgments of the Court.

The European Convention on Human Rights

Francis Geoffrey Jacobs,Robin C. A. White
The European Convention on Human Rights Book PDF

Author : Francis Geoffrey Jacobs,Robin C. A. White
Publisher : Oxford University Press, USA
Page : 544 pages
File Size : 43,9 Mb
Release : 1996
Category : Civil rights
ISBN : UCAL:B4590591

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The European Convention on Human Rights by Francis Geoffrey Jacobs,Robin C. A. White Pdf

The system for the protection of human rights under the European Convention to Human Rights (`ECHR') represents the most complete judicial model for protecting such rights. The case law of the Court of Human Rights has elaborated and defined the substantive rights so that there is now adetailed set of standards for State conduct towards those within their jurisdiction. This completely re-written new edition of Francis Jacob's 1975 book on the Convention takes the case law of the Court as its starting point, but also offers full consideration of the Commission's case law onquestions of admissability. The result is a highly readable text which both explains the procedural aspects of bringing a case to Strasbourg (including the changes contained in Protocol No. 11) and analyses the substantive law of the Convention.

The European Convention on Human Rights

William A. Schabas
The European Convention on Human Rights Book PDF

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1433 pages
File Size : 54,8 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066771

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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.

The European Convention for the Protection of Human Rights

Mireille Delmas-Marty
The European Convention for the Protection of Human Rights Book PDF

Author : Mireille Delmas-Marty
Publisher : BRILL
Page : 364 pages
File Size : 48,9 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004478909

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The European Convention for the Protection of Human Rights by Mireille Delmas-Marty Pdf

The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 44,5 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.

The European Convention of Human Rights Regime

Dia Anagnostou
The European Convention of Human Rights Regime Book PDF

Author : Dia Anagnostou
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2023
Category : European Court of Human Rights
ISBN : 1032188367

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The European Convention of Human Rights Regime by Dia Anagnostou Pdf

"Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities"--

The Impact of the European Convention on Human Rights on Private International Law

Louwrens R. Kiestra
The Impact of the European Convention on Human Rights on Private International Law Book PDF

Author : Louwrens R. Kiestra
Publisher : Springer
Page : 329 pages
File Size : 43,7 Mb
Release : 2014-09-11
Category : Law
ISBN : 9789462650329

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The Impact of the European Convention on Human Rights on Private International Law by Louwrens R. Kiestra Pdf

In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

The Evolution of the European Convention on Human Rights

Ed Bates
The Evolution of the European Convention on Human Rights Book PDF

Author : Ed Bates
Publisher : Oxford University Press
Page : 609 pages
File Size : 45,9 Mb
Release : 2010-12-23
Category : Law
ISBN : 9780199207992

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The Evolution of the European Convention on Human Rights by Ed Bates Pdf

The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.

The European Court of Human Rights between Law and Politics

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

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 256 pages
File Size : 55,5 Mb
Release : 2011-06-09
Category : Law
ISBN : 9780191621901

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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.

European Court of Human Rights

Dia Anagnostou
European Court of Human Rights Book PDF

Author : Dia Anagnostou
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 54,7 Mb
Release : 2013-04-22
Category : Law
ISBN : 9780748670581

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European Court of Human Rights by Dia Anagnostou Pdf

Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.