The European Court Of Human Rights Overwhelmed By Applications Problems And Possible Solutions

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

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

Author : Rüdiger Wolfrum,Ulrike Deutsch
Publisher : Springer Science & Business Media
Page : 136 pages
File Size : 41,9 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.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

Ola Johan Settem
Applications of the Fair Hearing Norm in ECHR Article 6 1 to Civil Proceedings Book PDF

Author : Ola Johan Settem
Publisher : Springer
Page : 532 pages
File Size : 44,8 Mb
Release : 2015-12-15
Category : Law
ISBN : 9783319248837

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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.

The Inter-State Application under the European Convention on Human Rights

Isabella Risini
The Inter State Application under the European Convention on Human Rights Book PDF

Author : Isabella Risini
Publisher : BRILL
Page : 294 pages
File Size : 53,9 Mb
Release : 2018-05-09
Category : Law
ISBN : 9789004357266

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The Inter-State Application under the European Convention on Human Rights by Isabella Risini Pdf

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.

The Pilot-Judgment Procedure of the European Court of Human Rights

Dominik Haider
The Pilot Judgment Procedure of the European Court of Human Rights Book PDF

Author : Dominik Haider
Publisher : Martinus Nijhoff Publishers
Page : 347 pages
File Size : 45,8 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004246447

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The Pilot-Judgment Procedure of the European Court of Human Rights by Dominik Haider Pdf

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

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 : 1115 pages
File Size : 53,5 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.

Judgments of the European Court of Human Rights – Effects and Implementation

Anja Seibert-Fohr,Mark E. Villiger
Judgments of the European Court of Human Rights Effects and Implementation Book PDF

Author : Anja Seibert-Fohr,Mark E. Villiger
Publisher : Routledge
Page : 322 pages
File Size : 48,9 Mb
Release : 2017-05-15
Category : Political Science
ISBN : 9781317110132

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Judgments of the European Court of Human Rights – Effects and Implementation by Anja Seibert-Fohr,Mark E. Villiger Pdf

This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.

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 : 241 pages
File Size : 54,7 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.

In Whose Name?

Armin von Bogdandy,Ingo Venzke
In Whose Name Book PDF

Author : Armin von Bogdandy,Ingo Venzke
Publisher : OUP Oxford
Page : 400 pages
File Size : 44,8 Mb
Release : 2014-07-24
Category : Law
ISBN : 9780191026959

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In Whose Name? by Armin von Bogdandy,Ingo Venzke Pdf

The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Rethinking Free Trade, Economic Integration and Human Rights in the Americas

María Belén Olmos Giupponi
Rethinking Free Trade Economic Integration and Human Rights in the Americas Book PDF

Author : María Belén Olmos Giupponi
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 40,5 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781509904525

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Rethinking Free Trade, Economic Integration and Human Rights in the Americas by María Belén Olmos Giupponi Pdf

This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the 'new regionalism', which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities. Looking at the four key regional integration processes, namely the Caribbean Community, the Central American Integration System, the Andean Community of Nations and the Southern Common Market, and also at the North American Free Trade Agreement, it shows how the integration process has reached a considerable degree of consolidation. Writing on key sources in English for the first time, this book will be essential reading for all free trade and human rights scholars.

Handbook on the European Convention on Human Rights

Mark Eugen Villiger
Handbook on the European Convention on Human Rights Book PDF

Author : Mark Eugen Villiger
Publisher : BRILL
Page : 771 pages
File Size : 54,9 Mb
Release : 2022-12-05
Category : Law
ISBN : 9789004443839

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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.

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 : 43,7 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.

Reed and Murdoch: Human Rights Law in Scotland

Jim L Murdoch
Reed and Murdoch Human Rights Law in Scotland Book PDF

Author : Jim L Murdoch
Publisher : Bloomsbury Publishing
Page : 1405 pages
File Size : 45,8 Mb
Release : 2017-03-17
Category : Law
ISBN : 9781784511944

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Reed and Murdoch: Human Rights Law in Scotland by Jim L Murdoch Pdf

Human Rights Law in Scotland, Fourth Edition provides essential practical guidance to the Scottish legal profession. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR (European Court of Human Rights) jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The fourth edition of this highly regarded work has been fully updated to reflect legislative changes to the Scotland Act 2012 (amending the Scotland Act 1998) and coverage of two new Protocols to the ECHR, as well as new case law and developments in jurisprudence. This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and up-to-date guide to the application of European human rights law in Scotland. Previous print edition ISBN: 9781847665560

The European Court of Human Rights and the Freedom of Religion or Belief

Jeroen Temperman,T. Jeremy Gunn,Malcolm D. Evans
The European Court of Human Rights and the Freedom of Religion or Belief Book PDF

Author : Jeroen Temperman,T. Jeremy Gunn,Malcolm D. Evans
Publisher : BRILL
Page : 630 pages
File Size : 49,8 Mb
Release : 2019-01-04
Category : Law
ISBN : 9789004346901

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The European Court of Human Rights and the Freedom of Religion or Belief by Jeroen Temperman,T. Jeremy Gunn,Malcolm D. Evans Pdf

The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.

Equal Access to Justice for All and Goal 16 of the Sustainable Development Agenda: Challenges for Latin America and Europe

Helen Ahrens,Horst Fischer,Verónica Gómez,Manfred Nowak
Equal Access to Justice for All and Goal 16 of the Sustainable Development Agenda Challenges for Latin America and Europe Book PDF

Author : Helen Ahrens,Horst Fischer,Verónica Gómez,Manfred Nowak
Publisher : LIT Verlag Münster
Page : 396 pages
File Size : 48,5 Mb
Release : 2019
Category : Electronic
ISBN : 9783643802897

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Equal Access to Justice for All and Goal 16 of the Sustainable Development Agenda: Challenges for Latin America and Europe by Helen Ahrens,Horst Fischer,Verónica Gómez,Manfred Nowak Pdf

The book provides an extensive overview of objectives and current implementation of Goal 16 of the Sustainable Development Goals in Latin America and Europe. Based on discussions at the GIZ-EIUC conference in Venice of May 2017, the book offers new insights into specifically Goal 16.3 from a Latin American and European perspective. Current challenges to access to justice before the European and the Inter-American Courts of Human Rights as well as common and different challenges to the European and Inter-American Human Rights systems are assessed. Based on the foundational work of the GIZ-DIRAJus project in Latin America specific challenges of access to justice in Mexico, Peru, Brazil, El Salvador and Chile are comprehensively examined. The issues identified in the book based on Latin American and European efforts in ensuring access to justice offer guidance in what way additional indicators for Goal 16.3 could be developed.

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings

Torsten Stirner
The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings Book PDF

Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
Page : 520 pages
File Size : 51,9 Mb
Release : 2021-07-15
Category : Law
ISBN : 9789004463134

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The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings by Torsten Stirner Pdf

This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.