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The Inter-State Application under the European Convention on Human Rights

2018-05-07 Law
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Release : 2018-05-07
Genre : Law
Kind : eBook
Book Rating : 262/5 ( reviews)

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Book Synopsis The Inter-State Application under the European Convention on Human Rights by : Isabella Risini

Download or read book The Inter-State Application under the European Convention on Human Rights written by Isabella Risini. This book was released on 2018-05-07. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Positive Obligations of the State Under the European Convention of Human Rights

2012 Law
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Release : 2012
Genre : Law
Kind : eBook
Book Rating : 123/5 ( reviews)

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Book Synopsis The Positive Obligations of the State Under the European Convention of Human Rights by : Dimitris Xenos

Download or read book The Positive Obligations of the State Under the European Convention of Human Rights written by Dimitris Xenos. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state's business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state's positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.

Introduction to the European Convention on Human Rights

2005-01-01 Law
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Release : 2005-01-01
Genre : Law
Kind : eBook
Book Rating : 157/5 ( reviews)

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Book Synopsis Introduction to the European Convention on Human Rights by : Jean-François Renucci

Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci. This book was released on 2005-01-01. Available in PDF, EPUB and Kindle. Book excerpt: The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

The individual application under the European Convention on Human Rights

2019-06-27 Political Science
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Release : 2019-06-27
Genre : Political Science
Kind : eBook
Book Rating : 625/5 ( reviews)

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Book Synopsis The individual application under the European Convention on Human Rights by : Linos-Alexandre Sicilianos

Download or read book The individual application under the European Convention on Human Rights written by Linos-Alexandre Sicilianos. This book was released on 2019-06-27. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable practical guide for any potential applicant and any legal professional This book, which is a practical guide aimed at both professional lawyers and potential applicants, clearly and comprehensively describes and analyses the main stages in the processing of an application before the organs of the European Convention on Human Rights. Detailed descriptions are provided of the Convention system, the Rules of the European Court of Human Rights and the procedures which the Court has developed to expedite and optimise case processing. Crafted by two specialists on the Convention, Linos-Alexandre Sicilianos, the current President of the European Court of Human Rights, and Maria-Andriani Kostopoulou, a lawyer at the Greek Court of Cassation, the book does not merely explain how to prepare and lodge an application, in particular as regards the formal requirements and admissibility criteria; it also presents a detailed assessment of a case by the various formations of the Court, covering all stages right through to the conclusion of proceedings. Finally, having analysed the judicial stage, the book goes on to describe the procedure for supervision of the execution of judgments before the Committee of Ministers of the Council of Europe.

Just Satisfaction under the European Convention on Human Rights

2015 Law
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Release : 2015
Genre : Law
Kind : eBook
Book Rating : 360/5 ( reviews)

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Book Synopsis Just Satisfaction under the European Convention on Human Rights by : Octavian Ichim

Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive account on the question of reparation before a human rights court.

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