The Length of Civil and Criminal Proceedings in the Case-law of the European Court of Human Rights PDF Download
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Author: Marc-André Eissen
Publisher: Council of Europe
ISBN: 9789287130280
Category : Political Science
Languages : en
Pages : 88
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Book Description
A. The parties' conduct
Author: Marc-André Eissen
Publisher: Council of Europe
ISBN: 9789287130280
Category : Political Science
Languages : en
Pages : 88
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Book Description
A. The parties' conduct
Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN:
Category : Law
Languages : en
Pages : 378
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Book Description
This publication contains a report adopted by the European Commission for Democracy through Law (Venice Commission) at its 69th Plenary Session in December 2006 regarding effective remedies to reduce the excessive length of court cases, drawing on an up-to-date inventory of the existing legislation of the 47 Council of Europe member states, a guide to relevant case law of the European Court of Human Rights and the assessment of the Venice Commission on effective remedies. It includes the questionnaire which served as the basis for the study, along with the replies from the member states and a number of reports presented at an international conference on the topic held in Bucharest in April 2006.
Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 928718741X
Category : Political Science
Languages : en
Pages : 529
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Book Description
A practical tool for legal professionals 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 This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Author: Demo-Droit Programme
Publisher: Council of Europe
ISBN: 9789287132222
Category : Political Science
Languages : en
Pages : 128
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Book Description
Opening speech - Guy De Vel.
Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287142979
Category : Political Science
Languages : en
Pages : 168
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Book Description
The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.
Author: Piero Leanza
Publisher:
ISBN: 9789041148551
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0
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Book Description
The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice. What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a 'preventive' impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR's case law when handling and deciding cases. The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions. This book focuses on the right to a fair trial as set forth in the ECHR and examines the guarantees provided by Article 6 both in civil and in criminal proceedings. Its coverage is wide-ranging but incisive, and includes such issues and topics as the following: meaning of 'civil right' and 'criminal charge'; disputes related to specific areas such as education, employment, and taxation; applicability to administrative proceedings, military courts, arbitrations, international tribunals, and 'hybrid' courts; legal aid; immunity; admissibility and assessment of evidence; right to a decision within a reasonable time; standing before the Court of Justice of the European Union (CJEU); right to the free assistance of an interpreter; individual case conflicts and possible resolutions; procedure before the hearing takes place; and use of modern technology. Numerous full paragraphs of important ECtHR decisions are included in the text, setting at the reader's disposal relevant passages and reducing research time. The authors also provide two schemes recommending steps that domestic courts should follow to keep the process within the boundaries of a fair trial.
Author: Stefan Trechsel
Publisher: Oxford University Press, USA
ISBN: 9780199271207
Category : Law
Languages : en
Pages : 611
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Book Description
During the last 50 years interest in human rights has grown dramatically. Whilst newspapers focus mainly on dramatic issues: unlawful killing, torture, disappearances, or violations of freedom of speech; institutions charged with the implementation of human rights (as set out in international conventions and covenants) most frequently deal with allegations of human rights violations during criminal proceedings. The increasing internationalization of the administration of criminal law means that such cases are likely to become ever more important. In this book, the case-law of the international bodies dealing with such cases is presented and critically examined by an author who has contributed to its creation for almost a quarter of a century. The European Commission and European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law, which is particularly interesting because it is intended to be valid in both Anglo-Saxon and Continental systems of criminal procedure.The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law. The book will be of interest to all scholars, practitioners, and students of international criminal law.
Author: Jim L Murdoch
Publisher: Bloomsbury Publishing
ISBN: 1784511943
Category : Law
Languages : en
Pages : 1405
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Book Description
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
Author: Council of Europe Staff
Publisher: Council of Europe
ISBN: 9789287166265
Category : Law
Languages : en
Pages : 212
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Book Description
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.
Author: Andreas von Staden
Publisher: University of Pennsylvania Press
ISBN: 0812250281
Category : Law
Languages : en
Pages : 352
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Book Description
In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden traces the impact of human rights violations in Germany and the United Kingdom and details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices.
