Building Consensus on European Consensus

Building Consensus on European Consensus
Author: Panos Kapotas
Publisher: Cambridge University Press
Total Pages: 503
Release: 2019-01-17
Genre: Law
ISBN: 1108473326

Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.

The European Court of Human Rights and its Discontents

The European Court of Human Rights and its Discontents
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
Total Pages: 241
Release: 2013-01-01
Genre: Political Science
ISBN: 178254612X

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.

Law, Democracy and the European Court of Human Rights

Law, Democracy and the European Court of Human Rights
Author: Rory O'Connell
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-11-05
Genre: Law
ISBN: 1107035074

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Constituting Europe

Constituting Europe
Author: Andreas Føllesdal
Publisher:
Total Pages: 441
Release: 2013
Genre:
ISBN:

At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.

The European Court of Human Rights

The European Court of Human Rights
Author: Angelika Nussberger
Publisher: Elements of International Law
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0198849648

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Comparative Reasoning in International Courts and Tribunals

Comparative Reasoning in International Courts and Tribunals
Author: Daniel Peat
Publisher: Cambridge University Press
Total Pages: 292
Release: 2020-07-09
Genre: Law
ISBN: 9781108401470

Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.

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.

Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law

Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law
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.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 236
Release: 2011-01-01
Genre: Political Science
ISBN: 9789287171344

What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?