The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights

The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights
Author: Stephanos Stavros
Publisher: BRILL
Total Pages: 404
Release: 2021-09-27
Genre: Law
ISBN: 9004481869

In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.

Shaping Rights in the ECHR

Shaping Rights in the ECHR
Author: Eva Brems
Publisher: Cambridge University Press
Total Pages: 379
Release: 2014-01-23
Genre: Political Science
ISBN: 1107729696

In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Human rights and criminal procedure

Human rights and criminal procedure
Author: Jeremy McBride
Publisher: Council of Europe
Total Pages: 529
Release: 2018-06-18
Genre: Political Science
ISBN: 928718741X

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.

Introduction to the European Convention on Human Rights

Introduction to the European Convention on Human Rights
Author: Jean-François Renucci
Publisher: Council of Europe
Total Pages: 132
Release: 2005-01-01
Genre: Law
ISBN: 9789287157157

The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

INTERNAT COVENANT CIVIL POL RIGHTS 3E C

INTERNAT COVENANT CIVIL POL RIGHTS 3E C
Author: Sarah Joseph
Publisher: OUP Oxford
Total Pages: 1042
Release: 2013-07-25
Genre: Law
ISBN: 0191650234

Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

The Right to a Fair Trial in International Law

The Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher: Oxford University Press, USA
Total Pages: 1057
Release: 2021-02-11
Genre: Law
ISBN: 0198808399

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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.

Jurisprudence of the International Criminal Courts and the European Court of Human Rights

Jurisprudence of the International Criminal Courts and the European Court of Human Rights
Author: Vladimir Tochilovsky
Publisher: Martinus Nijhoff Publishers
Total Pages: 937
Release: 2008
Genre: Law
ISBN: 9004163387

The book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia and Rwanda, Special Court for Sierra Leone, the International Criminal Court, and the European Court of Human Rights on procedural and evidential matters.

Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union
Author: Steven Greer
Publisher: Cambridge University Press
Total Pages: 562
Release: 2018-03-29
Genre: Law
ISBN: 1108647456

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.

Human Rights In The Administration Of Justice

Human Rights In The Administration Of Justice
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: New York and Geneva : United Nations
Total Pages: 885
Release: 2003-12-01
Genre: Political Science
ISBN: 9789211541410

Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.