Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law
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Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law
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Author : Janneke Gerards
language : en
Publisher:
Release Date : 2014
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law written by Janneke Gerards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) categories.
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.
European Court Of Human Rights
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Author : Dia Anagnostou
language : en
Publisher: Edinburgh University Press
Release Date : 2013-04-22
European Court Of Human Rights written by Dia Anagnostou and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-22 with Law categories.
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.
The Implementation Of Judgments Of The European Court Of Human Rights
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2018-01-17
The Implementation Of Judgments Of The European Court Of Human Rights written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-17 with Political Science categories.
Delays in implementing the Court’s judgments, lack of political will in certain states parties, attempts to discredit the Court... In ratifying the European Convention on Human Rights, the signatory states accept the Court’s jurisdiction and authority and “undertake to abide by the final judgment of the Court in any case to which they are parties” (Article 46 of the Convention). While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real “pockets of resistance” that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation. This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.
Judgments Of The European Court Of Human Rights Effects And Implementation
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Author : Anja Seibert-Fohr
language : en
Publisher: Routledge
Release Date : 2017-05-15
Judgments Of The European Court Of Human Rights Effects And Implementation written by Anja Seibert-Fohr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Political Science categories.
This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.
The European Court Of Human Rights And Its Discontents
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Author : Spyridon Flogaitis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
The European Court Of Human Rights And Its Discontents written by Spyridon Flogaitis and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Political Science categories.
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.
The Execution Of Judgments Of The European Court Of Human Rights
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Author : Elisabeth Lambert-Abdelgawad
language : en
Publisher: Council of Europe
Release Date : 2008-01-01
The Execution Of Judgments Of The European Court Of Human Rights written by Elisabeth Lambert-Abdelgawad and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Political Science categories.
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.
The Execution Of Strasbourg And Geneva Human Rights Decisions In The National Legal Order
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Author : Thomas Barkhuysen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-03-17
The Execution Of Strasbourg And Geneva Human Rights Decisions In The National Legal Order written by Thomas Barkhuysen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-17 with Political Science categories.
In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.
The Implementation Of Judgments Of The European Court Of Human Rights
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Author :
language : en
Publisher:
Release Date : 2017
The Implementation Of Judgments Of The European Court Of Human Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Human rights categories.
The European Court Of Human Rights
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Author : Dia Anagnostou
language : en
Publisher: EUP
Release Date : 2013-04-22
The European Court Of Human Rights written by Dia Anagnostou and has been published by EUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-22 with Law categories.
Headline Domestic implementation of European Court of Human Rights (ECtHR) judgments, and their impact upon national laws, policies and institutions. Blurb Since the turn of the millenium, the European Court of Human Rights has been the transnational setting for a European-wide ‘rights revolution’. An unprecedented expansion of its case load, along with arguably high levels of compliance with its judgments, testify to its growing authority and perceived effectiveness, akin to Europe’s constitutional court in human rights matters. Despite its significance as such, the effects of judgments on national laws, policies and institutions have been little explored. By adopting an inter-disciplinary perspective, this volume seeks to fill a gap, going beyond the existing, mainly legal and descriptive scholarship. Some of the pertinent questions it asks are: Do national authorities implement Court judgments and what is their impact on national laws, policies and practices? How and why do different and less privileged social actors mobilise the human rights norms contained in the Convention and in the Court’s case law? Does this case law influence rights-expansive policy reform? More broadly, the book aims to contribute to a flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics. Key Features: INTERDISCIPLINARY – Adopts an interdisciplinary approach from law, politics and sociology that goes beyond the mainly legal genre of scholarship on the subject; sheds light to the multifaceted ways in which the ECHR system and its Strasbourg-based judicial arm penetrate and interact with national legal and political orders NATIONAL PERSPECTIVE – Covers eight country-based case studies on state implementation and domestic impact of the ECtHR judgements in a wide array of case law ranging from property legislation, fair trial and other aspects of the judicial system, to the protection of civil liberties such as family or private life and religious freedom, among others FOCUS ON DISADVANTAGED SOCIAL ACTORS – Explores how and why various disadvantaged or vulnerable social actors take recourse to the ECtHR to pursue different rights claims vis-à -vis states, and the extent and conditions under which the respective judgments influence rights-expansive legal and policy reform domestically INSTITUTIONAL IMPLEMENTATION AND SOCIAL MOBILISATION – Combines a top-down perspective of the official institutions and actors involved in the national implementation of the ECtHR’s judgements, with an interest in the bottom-up processes of mobilisation of Convention rights in the ECtHR by a variety of individual and social actors in pursuit of policy and political-social change ANALYTIC AND NOT MERELY DESCRIPTIVE – Does not merely describe the configuration of national-level structures and actors responsible for the implementation of the ECtHR’s case law and measures adopted by authorities in response to adverse judgments; it furthermore probes into the variable responses of national authorities to different kinds of judgments and rights issues and seeks to identify and analyse the factors and conditions that influence variable patterns of domestic implementation and legal or policy reform. Keywords Human rights; legal mobilisation; courts and politics; European integration; European Convention of Human Rights; minorities
European Court Of Human Rights
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Author : Dia Anagnostou
language : en
Publisher: Edinburgh University Press
Release Date : 2013-04-22
European Court Of Human Rights written by Dia Anagnostou and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-22 with Law categories.
This collection explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. Discover how marginalised individuals, civil society and minority act