Judgments Of The European Court Of Human Rights Effects And Implementation PDF Download
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Author | : Anja Seibert-Fohr |
Publisher | : Routledge |
Total Pages | : 410 |
Release | : 2017-05-15 |
Genre | : Law |
ISBN | : 1317110137 |
Download Judgments of the European Court of Human Rights - Effects and Implementation Book in PDF, ePub and Kindle
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.
Author | : Anja Seibert-Fohr |
Publisher | : |
Total Pages | : 321 |
Release | : 2014 |
Genre | : Electronic books |
ISBN | : 9783845259345 |
Download Judgments of the European Court of Human Rights - Effects and Implementation Book in PDF, ePub and Kindle
Author | : Dia Anagnostou |
Publisher | : Edinburgh University Press |
Total Pages | : 256 |
Release | : 2013-04-22 |
Genre | : Law |
ISBN | : 0748670580 |
Download European Court of Human Rights Book in PDF, ePub and Kindle
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 | : Elisabeth Lambert-Abdelgawad |
Publisher | : Council of Europe |
Total Pages | : 92 |
Release | : 2008-01-01 |
Genre | : Political Science |
ISBN | : 9789287163738 |
Download The Execution of Judgments of the European Court of Human Rights Book in PDF, ePub and Kindle
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 | : 87 |
Release | : 2018-01-17 |
Genre | : Political Science |
ISBN | : 9287185867 |
Download The implementation of judgments of the European Court of Human Rights Book in PDF, ePub and Kindle
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.
Author | : Anastasia Kallidou |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : |
Download The Binding Effect and the Implementation of the Judgments of the European Court of Human Rights Book in PDF, ePub and Kindle
Author | : Janneke Gerards |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) |
ISBN | : 9781780682174 |
Download Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law Book in PDF, ePub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 76 |
Release | : 2017 |
Genre | : Human rights |
ISBN | : 9789287185112 |
Download The Implementation of Judgments of the European Court of Human Rights Book in PDF, ePub and Kindle
Author | : Ramute Remezaite |
Publisher | : BRILL |
Total Pages | : 293 |
Release | : 2023-12-18 |
Genre | : Law |
ISBN | : 9004538216 |
Download Compliance with Judgments of the European Court of Human Rights Book in PDF, ePub and Kindle
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Author | : Dominik Haider |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 347 |
Release | : 2013-05-15 |
Genre | : Law |
ISBN | : 9004246444 |
Download The Pilot-Judgment Procedure of the European Court of Human Rights Book in PDF, ePub and Kindle
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.