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Author: Matthias Kloth Publisher: BRILL ISBN: 9004189904 Category : Law Languages : en Pages : 236
Book Description
The conflict between immunities and the right of access to court under Article 6 of the European Convention on Human Rights remains one of the most interesting problems in the current Strasbourg jurisprudence. The European Court of Human Rights had to rule repeatedly on interferences with the right of access by State immunity or the immunity of international organisations. It is here that human rights law and public international law are directly conflicting with each other. “Domestic immunities“ of Members of Parliament, judges, the police or the social services have likewise conflicted with the Convention. This book is the first comprehensive work which covers all kinds of immunities and which discusses the entire case-law of the European Court of Human Rights on the matter.
Author: Matthias Kloth Publisher: BRILL ISBN: 9004181849 Category : Law Languages : en Pages : 237
Book Description
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.
Author: Stephanos Stavros Publisher: BRILL ISBN: 9004481869 Category : Law Languages : en Pages : 404
Book Description
In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
Author: Francesco Francioni Publisher: OUP Oxford ISBN: 0191018651 Category : Law Languages : en Pages : 272
Book Description
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Author: Louwrens R. Kiestra Publisher: Springer ISBN: 9462650322 Category : Law Languages : en Pages : 335
Book Description
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Author: Bychawska-Siniarska, Dominika Publisher: Council of Europe ISBN: Category : Political Science Languages : en Pages : 124
Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author: Publisher: BRILL ISBN: 9004296069 Category : Business & Economics Languages : en Pages : 375
Book Description
Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).
Author: Publisher: BRILL ISBN: 9004441034 Category : Law Languages : en Pages : 342
Book Description
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
Author: Omkar Sidhu Publisher: ISBN: 9781780687452 Category : Convention for the Protection of Human Rights and Fundamental Freedoms Languages : en Pages : 278
Book Description
Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance. The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.
Author: Jean-François Renucci Publisher: Council of Europe ISBN: 9789287157157 Category : Law Languages : en Pages : 132
Book Description
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.
Author: Steven Greer Publisher: Cambridge University Press ISBN: 1108647456 Category : Law Languages : en Pages : 562
Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author: Matthias Kloth
Author: Matthias Kloth
Author: Stephanos Stavros
Author: Francesco Francioni
Author: Louwrens R. Kiestra
Author: Bychawska-Siniarska, Dominika
Author: 
Author: 
Author: Omkar Sidhu
Author: Jean-François Renucci
Author: Steven Greer