The European Court of Justice on the European Convention on Human Rights PDF Download
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Author: Elspeth Guild
Publisher: BRILL
ISBN: 9004637214
Category : Law
Languages : en
Pages : 466
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Book Description
The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law. For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration. This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.
Author: Elspeth Guild
Publisher: BRILL
ISBN: 9004637214
Category : Law
Languages : en
Pages : 466
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Book Description
The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law. For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration. This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.
Author: Anne van Aaken
Publisher: Oxford University Press
ISBN: 0192565532
Category : Law
Languages : en
Pages : 300
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Book Description
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Author: Jonas Christoffersen
Publisher: OUP Oxford
ISBN: 0191509973
Category : Law
Languages : en
Pages : 1115
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Book Description
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.
Author: Filip Dorssemont
Publisher: A&C Black
ISBN: 1782252118
Category : Law
Languages : en
Pages : 769
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Book Description
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124
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Book Description
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.
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 296
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Book Description
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.
Author: Sead S. Fetahagić
Publisher: GRIN Verlag
ISBN: 366841596X
Category : Law
Languages : en
Pages : 18
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Book Description
Seminar paper from the year 2003 in the subject Politics - Topic: Public International Law and Human Rights, grade: 8/10, University of Sarajevo (Centre for Interdisciplinary Postgraduate Studies), course: European Studies, language: English, abstract: The paper offers a review of a parallel development of two distinct but increasingly overlapping systems of the protection of human rights, the one under the auspices of the Council of Europe and its European Convention on Human Rights and the other integrated within the Community Law of the European Communities and later the European Union. The former established the individual citizen as the subject of international law, who may seek protection for alleged violations of his/her rights directly from the European Court of Human Rights in Strasbourg. This system operates relatively efficiently since it is based on the largely universally accepted political principles of democracy and human rights by all member states of the Council of Europe. In contrast, the Community Law system is concerned more with economic and social rights of the European Union citizens. Given a specific supra-national legal system of the European Union some of its norms may collide with the European Convention on Human Rights as well as with national constitutions of EU member states. Under the doctrine of "surrendered sovereignty" the European Court of Justice is authorized to issue direct orders to national courts when applying the Community Law. This is not the case with the European Court of Human Rights, which can act only on an individual case-to-case basis without giving preliminary judgements on national laws in general. Moreover, the two courts gave different interpretations of certain provisions of the European Convention on Human Rights in the past and issued contradictory judgements. To avoid such problems, some have proposed an idea that, despite the fact that all EU member states have signed the European Convention on Human Rights, the European Union as an entity should do the same in order to ensure uniformity of legal interpretations and judicial practice, which again raises questions on the legal nature of the European Union.
Author: Johan Callewaert
Publisher: Council of Europe
ISBN: 9287179700
Category : Political Science
Languages : en
Pages : 107
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Book Description
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author: Mireille Delmas-Marty
Publisher: BRILL
ISBN: 9004478906
Category : Law
Languages : en
Pages : 364
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Book Description
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.
Author: Janneke Gerards
Publisher: Cambridge University Press
ISBN: 1316517535
Category : Law
Languages : en
Pages : 405
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Book Description
Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
