The Relationship Between The Domestic Implementation Of The European Convention On Human Rights And The Ongoing Reforms Of The European Court Of Human Rights
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Author | : Costas Paraskeva |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Constitutional law |
ISBN | : 9789050959940 |
The European Court of Human Rights has become a victim of ongoing reforms. Continuous efforts to streamline and reinforce the system have proved inadequate in managing the challenge of its ever-increasing caseload. The consensus is that further reforms to the European Convention on Human Rights mechanisms are necessary in order to cope with the serious influx of cases from the 47 Member States of the Council of Europe. This book analyzes the set of five Recommendations referred to in the 2004 Declaration of the Committee of Ministers of the Council of Europe to encourage Member States to take effective domestic steps in ensuring appropriate protection of the Convention rights at the domestic level, in full conformity with the principle of subsidiarity. It also traces and evaluates the impact of the Convention in the domestic legal orders of Cyprus and Turkey and comparatively assesses the effective implementation of the May 2004 Recommendations in these two Member States. The book demonstrates how the efforts to secure the survival and effective operation of the Court must succeed at the national level and hence, the heavy burden to comply falls to Member States. The 2004 Recommendations address the source of the problem and are appropriate prescriptions for a healthy future and constitute a technical vehicle for implementing the Convention in the domestic legal orders of Member States. Such guidelines stemming directly from the Convention are invaluable in assisting Member States to improve the protection of human rights at home. This study is a timely and valuable aid for Council of Europe and Court's officials, governments, human rights NGOs, academics, and practitioners.
Author | : Janneke Gerards |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) |
ISBN | : 9781780682174 |
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.
Author | : Council of Europe. Steering Committee for Human Rights |
Publisher | : Council of Europe |
Total Pages | : 724 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9789287166043 |
The European ministerial conference on human rights, meeting in Rome on the 50th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms, emphasised two crucial elements: - the responsibility of member states, Parties to the Convention, to ensure constantly that their law and practice conform to the Convention and to execute the judgments of the European Court of Human Rights; - that urgent measures be taken to assist the Court in carrying out its functions, given the ever increasing number of applications. An in-depth reflection should be started as soon as possible on the various possibilities and options with a view to ensuring the effectiveness of the Court in the light of this new situation. The Rome conference has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention. This work has benefited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.
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.
Author | : Council of Europe |
Publisher | : Council of Europe |
Total Pages | : 32 |
Release | : 1994-01-01 |
Genre | : Political Science |
ISBN | : 9789287125132 |
Author | : J. G. Merrills |
Publisher | : Manchester University Press |
Total Pages | : 354 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780719045608 |
Author | : Geranne Lautenbach |
Publisher | : Oxford University Press, USA |
Total Pages | : 273 |
Release | : 2013-11 |
Genre | : Law |
ISBN | : 0199671192 |
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
Author | : Helmut P. Aust |
Publisher | : Edward Elgar Publishing |
Total Pages | : 296 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 1839108347 |
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 | : Elisabeth Lambert-Abdelgawad |
Publisher | : Council of Europe |
Total Pages | : 92 |
Release | : 2008-01-01 |
Genre | : Political Science |
ISBN | : 9789287163738 |
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.
Author | : Iulia Motoc |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2016-08-18 |
Genre | : Political Science |
ISBN | : 1316558835 |
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.