Download or read book Supervision of the Execution of Judgments of the European Court of Human Rights written by Council of Europe. Committee of Ministers and published by . This book was released on 2010 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Execution of Judgments of the European Court of Human Rights written by Elisabeth Lambert-Abdelgawad and published by Council of Europe. This book was released on 2008-01-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A Comparative View on the Execution of Judgments of the European Court of Human Rights written by Tom Barkhuysen and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the general effect of the European Convention of Human Rights (ECHR or Convention) on national law has been the topic of much research, little attention has been paid to the execution of individual judgments of the European Court of Human Rights (ECtHR or Court). With regard to the execution of judgments, two levels can be distinguished. The first level is the execution of the judgment in the individual case. Which remedies are offered to the applicant who has taken the long road to Strasbourg and has finally-mostly after many years-won his or her case? Does the applicant see any improvement in his or her legal position? Does he or she obtain real reparation? The second level is State compliance in a more abstract or general sense. What are the more general effects of judgments in which the Court finds a violation of the Convention? In other words: which measures does the contracting State have to take in order to prevent future violations in similar cases? Proper execution of Strasbourg judgments is highly important; both for the applicant who has won his or her case, and for the development of the national legal order concerned, in order to prevent future violations. The international control over the observance by States of human rights treaties by means of individual applications does not only aim at general effects (recours objectif), the control also aims at 'doing justice' in individual cases (recours subjectif). Therefore the execution of Strasbourg judgments deserves much more structural attention than it has received so far. Important questions to be answered are: (a) how Strasbourg judgments are implemented in the various national legal orders of the Member States of the Council of Europe, (b) whether there is a need to improve this implementation, and if so, and (c) how such improvement can be achieved. In this respect, it is also important to determine which remedies are - or must be available to third parties - that is, those persons whose cases were not decided in Strasbourg but where a violation of the Convention has nevertheless occurred, as may be concluded from a similar or parallel case that has been decided inStrasbourg. This paper will deal with the execution of Strasbourg judgments, both in individual cases and in a more general sense, where the prevention of future violations is concerned. This will be done from a non-United Kingdom perspective. Without going into the details of the practices of the various Council of Europe States, we will try to outline some general characteristics and trends with regard to the execution of Strasbourg judgments. In doing so-witness our choice of examples used-we put in evidence our Dutch background. Yet the Dutch examples also illustrate the problems and solutions possible in other Council of Europe States. The aim of this chapter is to provide a basis for further research and, possibly, improvements in (State) practice with regard to the execution of ECtHR judgments.

Download or read book Supervision of the Execution of the Judgments of the European Court of Human Rights 2nd Annual Report 2008 written by Council of Europe Staff and published by Council of Europe. This book was released on 2009-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This annual report presents the Committee of Ministers' activities in 2008 concerning the supervision of the execution of the judgments of the European Court of Human Rights. It underlines the very close links between good execution, the proper implementation of the European Convention on Human Rights in the Council of Europe's member states and the case-load of the European Court of Human Rights. The report contains an introduction by the Chairs of the special Human Rights meetings held by the Committee of Ministers to supervise the execution process and a number of remarks by the Director General of Human Rights and Legal Affairs regarding developments in 2008. The execution process and ongoing reform work are also described. Appendices present detailed statistical information, both in general and by state. An important appendix is the thematic overview of major developments in the execution of pending cases. Themes relate to such matters as actions of security forces, detention, aliens, the functioning of the judiciary, freedom of religion, expression and association, the right to property, discrimination, etc. The Committee of Ministers' recent Recommendation (2008)2 is also presented. This text provides a number of recommendations to member states to improve their capacity to implement the judgments of the European Court of Human Rights (e.g. to designate a co-coordinator of the execution process). This is the second report since the Committee of Ministers decided in 2006 to publish annual reports (see Rules of the new Rules for the supervision of the execution of judgments of the European Court of Human Rights and of the terms of friendly settlements). The first report, for 2007, was presented in March 2008.

Download or read book Execution of Judgments of the European Court of Human Rights written by Iōannēs Tseriōtēs and published by . This book was released on 2001 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Supervision of the Execution of Judgments of the European Court of Human Rights 2020 written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The implementation of judgments of the European Court of Human Rights written by Council of Europe and published by Council of Europe. This book was released on 2018-01-17 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Supervision of the Execution of Judgments of the European Court of Human Rights 2021 written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The execution of judgments of the European Court of Human Rights Human rights Files No 19 2nd edition written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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-à-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.In this study, Elisabeth Lambert-Abdelgawad examines 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. Elisabeth Lambert Abdelgawad.

Download or read book Supervision of the Execution of Judgments of the European Court of Human Rights 2019 written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The execution of judgments of the European Court of Human Rights Human rights files No 19 written by and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Elisabeth Lambert-Abdelgawad examines both individual measures and general measures taken by States in accordance both with the Court's judgements and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.These measures usually take the form of a change in legislation, or recognition of the Court's judgement in national case-law, or take the form of 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. Elisabeth Lambert-Abdelgawad.

Download or read book The Execution of Strasbourg and Geneva Human Rights Decisions in the National Legal Order written by M.L. van Emmerik and published by BRILL. This book was released on 2021-09-27 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.

Download or read book European Court of Human Rights written by Theodora A. Christou and published by British Inst of International & Comparative. This book was released on 2005 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers provides international and comparative perspectives on the much-debated issues of execution of judgments by States and the remedies available for individuals. As the ECtHR's reach and workload increases, it has become imperative to analyse its effectiveness and what happens after it passes judgments. With contributions from leading academics and lawyers, it is of use to both practitioners and students of human rights law.

Download or read book From Final Judgment to Final Resolution written by Satu Heikkilä and published by . This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Parliaments and the European Court of Human Rights written by Alice Donald and published by Oxford University Press. This book was released on 2016 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.

Download or read book Control of the Execution of Judgments written by Titus Corlățean and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The control mechanism established by the European Convention on Human Rights plays a key role in the preservation of democracy and the rule of law at European level. In this context, the European Court assumed the role to ensure an effective protection of the fundamental rights and freedoms, according to the principle of the "practical effect." The Convention is a living instrument which must be interpreted in the light of the changes occurring in society, especially as it was intended to guarantee "not rights that are theoretical and illusory but rights that are practical and effective." The Court holds that "regard has to be held to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole." In both cases, the state enjoys a certain margin of appreciation in determining the provisions to be adopted in order to ensure the conformity with the European Convention. In this way, one may hope to see the perpetuation of the general spirit of a Convention protecting not only the human rights but also "the ideals and values of a democratic society."