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"Convention for the Protection of Human Rights and Fundamental Freedoms (...1950...)"
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The Inter-State Application under the European Convention on Human Rights
The comprehensive analysis about the Inter-State Application under the ECHR by Isabella Risini fills a gap in the literature. The study provides an informed proposal to strengthen the protection of human rights in Europe and the role of the Court.
eBook
Cyprus at the European Court of Human Rights : a critical appraisal of the court's jurisprudence on the rights to property and home in the context of displacement
\"The authors grapple with questions raised by the Court's reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of Northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey\"-- Provided by publisher.
BOOK
The European Convention on Human Rights
This book provides an article-by-article Commentary on the ECHR and its Protocols in English. It provides an entry point for every single facet of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision.
eBook
Vertical Judicial Dialogues in Asylum Cases
Vertical Judicial Dialogues in Asylum Cases attempts to answer the question what international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny and issues of evidence.
eBook
Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights
Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on the conflict between immunities and Article 6 of the European Convention on Human Rights.
eBook
Personal Freedom through Human Rights Law?
By analysing the European Court of Human Rights' jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
eBook
The European Convention on Human Rights
This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.
eBook
Aliens before the European Court of Human Rights : ensuring minimum standards of human rights protection
This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
eBook
Interlocking Constitutions
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the ‘World Constitution’, but the European Court of Justice in Luxembourg views the European Treaties as a ‘Constitutional Charter’ for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of ‘European public order’. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context ‘interordinal instability’ not only provokes strong academic interest, but also affects what has been called ‘governance’ or ‘global government’ and undermines both legal certainty and individual fundamental rights. Different solutions – constitutionalist and pluralist – have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls ‘interordinal constitutionalism’, as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
eBook