Download or read book Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case law written by Janneke Gerards and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Judgments of the European Court of Human Rights Effects and Implementation written by Anja Seibert-Fohr and published by Routledge. This book was released on 2017-05-15 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Execution of Strasbourg and Geneva Human Rights Decisions in the National Legal Order written by Thomas Barkhuysen and published by Martinus Nijhoff Publishers. This book was released on 1999-03-17 with total page 424 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 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 The European Court of Human Rights written by Dia Anagnostou and published by EUP. This book was released on 2013-04-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Headline Domestic implementation of European Court of Human Rights (ECtHR) judgments, and their impact upon national laws, policies and institutions. Blurb Since the turn of the millenium, the European Court of Human Rights has been the transnational setting for a European-wide ‘rights revolution’. An unprecedented expansion of its case load, along with arguably high levels of compliance with its judgments, testify to its growing authority and perceived effectiveness, akin to Europe’s constitutional court in human rights matters. Despite its significance as such, the effects of judgments on national laws, policies and institutions have been little explored. By adopting an inter-disciplinary perspective, this volume seeks to fill a gap, going beyond the existing, mainly legal and descriptive scholarship. Some of the pertinent questions it asks are: Do national authorities implement Court judgments and what is their impact on national laws, policies and practices? How and why do different and less privileged social actors mobilise the human rights norms contained in the Convention and in the Court’s case law? Does this case law influence rights-expansive policy reform? More broadly, the book aims to contribute to a flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics. Key Features: INTERDISCIPLINARY – Adopts an interdisciplinary approach from law, politics and sociology that goes beyond the mainly legal genre of scholarship on the subject; sheds light to the multifaceted ways in which the ECHR system and its Strasbourg-based judicial arm penetrate and interact with national legal and political orders NATIONAL PERSPECTIVE – Covers eight country-based case studies on state implementation and domestic impact of the ECtHR judgements in a wide array of case law ranging from property legislation, fair trial and other aspects of the judicial system, to the protection of civil liberties such as family or private life and religious freedom, among others FOCUS ON DISADVANTAGED SOCIAL ACTORS – Explores how and why various disadvantaged or vulnerable social actors take recourse to the ECtHR to pursue different rights claims vis-à -vis states, and the extent and conditions under which the respective judgments influence rights-expansive legal and policy reform domestically INSTITUTIONAL IMPLEMENTATION AND SOCIAL MOBILISATION – Combines a top-down perspective of the official institutions and actors involved in the national implementation of the ECtHR’s judgements, with an interest in the bottom-up processes of mobilisation of Convention rights in the ECtHR by a variety of individual and social actors in pursuit of policy and political-social change ANALYTIC AND NOT MERELY DESCRIPTIVE – Does not merely describe the configuration of national-level structures and actors responsible for the implementation of the ECtHR’s case law and measures adopted by authorities in response to adverse judgments; it furthermore probes into the variable responses of national authorities to different kinds of judgments and rights issues and seeks to identify and analyse the factors and conditions that influence variable patterns of domestic implementation and legal or policy reform. Keywords Human rights; legal mobilisation; courts and politics; European integration; European Convention of Human Rights; minorities

Download or read book Domestic Judicial Treatment of European Court of Human Rights Case Law written by David Kosař and published by Routledge. This book was released on 2020-02-28 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.

Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. Discover how marginalised individuals, civil society and minority act

Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2013-09-05 with total page 1115 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

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 Jacobs White Ovey The European Convention on Human Rights written by Robin C A White and published by Oxford University Press, USA. This book was released on 2010-03-18 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The highly experienced and respected authors select the most important case law and give a highly authoritative, concise account of the European Convention on Human Rights. Focuses on the European Convention itself rather than its implementation in any one member state, and so is essential reading for human rights students across Europe. Examines each Convention right in turn, with a newly revised structure to map even more closely to human rights courses. As a lecturer and a practitioner, the authors are perfectly placed to provide up-to-date coverage of Strasbourg case law and explain it in a lively, straightforward manner" -- From publisher's website.

Download or read book Principled Resistance to ECtHR Judgments A New Paradigm written by Marten Breuer and published by Springer. This book was released on 2019-07-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.

Download or read book Applications of the Fair Hearing Norm in ECHR Article 6 1 to Civil Proceedings written by Ola Johan Settem and published by Springer. This book was released on 2015-12-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Development of International Law by the European Court of Human Rights written by J. G. Merrills and published by Manchester University Press. This book was released on 1993 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law.