The Pilot Judgment Procedure Of The European Court Of Human Rights
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| Author | : Dominik Haider |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 347 |
| Release | : 2013-05-15 |
| Genre | : Law |
| ISBN | : 9004246444 |
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
| Author | : Philip Royston Leach |
| Publisher | : |
| Total Pages | : 244 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
As a response to widespread structural or endemic human rights violations, in 2004 the European Court began to issue pilot judgments, the aim of which was not only to exert further pressure on national authorities to tackle systemic problems, but also to stop the European Court itself being inundated with the same types of cases. This analyses the principal characteristics of the pilot judgment procedure and its application in key cases to date.
| 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 | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 32 |
| Release | : 1994-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287125132 |
| Author | : Isabella Risini |
| Publisher | : BRILL |
| Total Pages | : 294 |
| Release | : 2018-05-07 |
| Genre | : Law |
| ISBN | : 9004357262 |
The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty. See inside the book.
| Author | : Oddný Mjöll Arnardóttir |
| Publisher | : Routledge |
| Total Pages | : 223 |
| Release | : 2016-02-26 |
| Genre | : Law |
| ISBN | : 1317309103 |
This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
| Author | : Dia Anagnostou |
| Publisher | : Edinburgh University Press |
| Total Pages | : 256 |
| Release | : 2013-04-22 |
| Genre | : Law |
| ISBN | : 0748670580 |
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
| Author | : Octavian Ichim |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 1107072360 |
The most comprehensive account on the question of reparation before a human rights court.
| Author | : David C. Baluarte |
| Publisher | : |
| Total Pages | : 198 |
| Release | : 2010 |
| Genre | : Human rights |
| ISBN | : |
Despite unquestionable achievements over the past 25 years, the Inter-American, European, African, and UN systems all face tremendous obstacles in translating their verdicts into change on the ground. In many cases, landmark decisions have not yielded meaningful reform. This report by the Open Society Justice Initiative reviews the implementation of judgments across the world's four human rights systems. Working from empirical data as well as interviews conducted with court personnel, human rights advocates, and academics, authors David C. Baluarte and Christian M. De Vos provide a comprehensive review of the dynamics involved in putting international commitments into practice. The report provides recommendations tailored to each system, while also pulling together common points of concern in its final chapter.--Publisher description.
