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Judgments of the European Court of Human Rights - Effects and Implementation

2017-05-15 Law
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Release : 2017-05-15
Genre : Law
Kind : eBook
Book Rating : 137/5 ( reviews)

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Book Synopsis Judgments of the European Court of Human Rights - Effects and Implementation by : Anja Seibert-Fohr

Download or read book Judgments of the European Court of Human Rights - Effects and Implementation written by Anja Seibert-Fohr. This book was released on 2017-05-15. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judgments of the European Court of Human Rights - Effects and Implementation

2014 Electronic books
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Release : 2014
Genre : Electronic books
Kind : eBook
Book Rating : 345/5 ( reviews)

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Book Synopsis Judgments of the European Court of Human Rights - Effects and Implementation by : Anja Seibert-Fohr

Download or read book Judgments of the European Court of Human Rights - Effects and Implementation written by Anja Seibert-Fohr. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt:

European Court of Human Rights

2013-04-22 Law
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Release : 2013-04-22
Genre : Law
Kind : eBook
Book Rating : 580/5 ( reviews)

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Book Synopsis European Court of Human Rights by : Dia Anagnostou

Download or read book European Court of Human Rights written by Dia Anagnostou. This book was released on 2013-04-22. Available in PDF, EPUB and Kindle. Book excerpt: 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 Execution of Judgments of the European Court of Human Rights

2008-01-01 Political Science
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Release : 2008-01-01
Genre : Political Science
Kind : eBook
Book Rating : 738/5 ( reviews)

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Book Synopsis The Execution of Judgments of the European Court of Human Rights by : Elisabeth Lambert-Abdelgawad

Download or read book The Execution of Judgments of the European Court of Human Rights written by Elisabeth Lambert-Abdelgawad. This book was released on 2008-01-01. Available in PDF, EPUB and Kindle. Book excerpt: 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 implementation of judgments of the European Court of Human Rights

2018-01-17 Political Science
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Release : 2018-01-17
Genre : Political Science
Kind : eBook
Book Rating : 859/5 ( reviews)

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Book Synopsis The implementation of judgments of the European Court of Human Rights by : Council of Europe

Download or read book The implementation of judgments of the European Court of Human Rights written by Council of Europe. This book was released on 2018-01-17. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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