The Pilot Judgment Procedure Of The European Court Of Human Rights

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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 : 49,8 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.

Responding to Systemic Human Rights Violations

Philip Leach
Responding to Systemic Human Rights Violations Book PDF

Author : Philip Leach
Publisher : Unknown
Page : 244 pages
File Size : 45,9 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134521074

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Responding to Systemic Human Rights Violations by Philip Leach Pdf

As a response to widespread structural or endemic human rights violations, in 2004 the European Court began to issue pilot judgments, the aim of which was not only to exert further pressure on national authorities to tackle systemic problems, but also to stop the European Court itself being inundated with the same types of cases. This analyses the principal characteristics of the pilot judgment procedure and its application in key cases to date.

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 : 48,6 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.

Taking a Case to the European Court of Human Rights

Philip Royston Leach
Taking a Case to the European Court of Human Rights Book PDF

Author : Philip Royston Leach
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2017
Category : Civil rights
ISBN : 0191071757

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Taking a Case to the European Court of Human Rights by Philip Royston Leach Pdf

"This book provides ... coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals."--

The individual application under the European Convention on Human Rights

Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou
The individual application under the European Convention on Human Rights Book PDF

Author : Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou
Publisher : Council of Europe
Page : 166 pages
File Size : 40,7 Mb
Release : 2019-06-27
Category : Political Science
ISBN : 9789287189622

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The individual application under the European Convention on Human Rights by Linos-Alexandre Sicilianos,Maria-Andriani Kostopoulou Pdf

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.

The implementation of judgments of the European Court of Human Rights

Council of Europe
The implementation of judgments of the European Court of Human Rights Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 78 pages
File Size : 50,9 Mb
Release : 2018-01-17
Category : Law
ISBN : 9789287185853

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The implementation of judgments of the European Court of Human Rights by Council of Europe Pdf

Delays in implementing the Court’s judgments, lack of political will in certain states parties, attempts to discredit the Court... In ratifying the European Convention on Human Rights, the signatory states accept the Court’s jurisdiction and authority and “undertake to abide by the final judgment of the Court in any case to which they are parties” (Article 46 of the Convention). While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real “pockets of resistance” that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation. This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.

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 : 41,8 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.

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 : 53,6 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.

The Length of Civil and Criminal Proceedings in the Case-law of the European Court of Human Rights

Marc-André Eissen,European Court of Human Rights,Council of Europe
The Length of Civil and Criminal Proceedings in the Case law of the European Court of Human Rights Book PDF

Author : Marc-André Eissen,European Court of Human Rights,Council of Europe
Publisher : Council of Europe
Page : 88 pages
File Size : 53,8 Mb
Release : 1996-01-01
Category : Political Science
ISBN : 9287130280

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The Length of Civil and Criminal Proceedings in the Case-law of the European Court of Human Rights by Marc-André Eissen,European Court of Human Rights,Council of Europe Pdf

A. The parties' conduct

The Execution of Judgments of the European Court of Human Rights

Elisabeth Lambert-Abdelgawad
The Execution of Judgments of the European Court of Human Rights Book PDF

Author : Elisabeth Lambert-Abdelgawad
Publisher : Council of Europe
Page : 92 pages
File Size : 48,6 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.

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 : 55,9 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.

Friendly Settlements Before the European Court of Human Rights

Helen Keller,Magdalena Forowicz,Lorenz Engi
Friendly Settlements Before the European Court of Human Rights Book PDF

Author : Helen Keller,Magdalena Forowicz,Lorenz Engi
Publisher : Oxford University Press
Page : 352 pages
File Size : 42,8 Mb
Release : 2010-09-02
Category : Law
ISBN : 9780199600977

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Friendly Settlements Before the European Court of Human Rights by Helen Keller,Magdalena Forowicz,Lorenz Engi Pdf

The European Convention on Human Rights is the world's most effective human rights regime. Its Court has however become bogged down by an enormous workload and settling a case has become an attractive alternative to ordinary proceedings. This book provides a full overview of the Court's friendly settlements and suggest ways they could be improved.

Taking a Case to the European Court of Human Rights

Philip Leach
Taking a Case to the European Court of Human Rights Book PDF

Author : Philip Leach
Publisher : Oxford University Press, USA
Page : 695 pages
File Size : 53,6 Mb
Release : 2011-08-11
Category : Law
ISBN : 9780199585021

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Taking a Case to the European Court of Human Rights by Philip Leach Pdf

Previous editions published : 2nd (2005) and 1st (2001).

Constituting Europe

Andreas Føllesdal,Birgit Peters,Geir Ulfstein
Constituting Europe Book PDF

Author : Andreas Føllesdal,Birgit Peters,Geir Ulfstein
Publisher : Cambridge University Press
Page : 485 pages
File Size : 48,9 Mb
Release : 2013-05-23
Category : Law
ISBN : 9781107024441

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Constituting Europe by Andreas Føllesdal,Birgit Peters,Geir Ulfstein Pdf

An assessment of the European Court of Human Rights at the national, European and international levels.

Parliaments and the European Court of Human Rights

Alice Donald,Philip Leach
Parliaments and the European Court of Human Rights Book PDF

Author : Alice Donald,Philip Leach
Publisher : Oxford University Press
Page : 340 pages
File Size : 54,5 Mb
Release : 2016-08-18
Category : Law
ISBN : 9780191093166

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Parliaments and the European Court of Human Rights by Alice Donald,Philip Leach Pdf

The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.