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.
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references ...guide the reader through the various topics. Various summaries condense the different principles of the Court's case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
This book identifies and explains the key analytical issues (state knowledge, causation, and reasonableness) that need to be considered in determining whether a State is responsible under the ...European Convention on Human Rights for omissions. In addition to this technical analytical question, the book also reflects upon what is at stake for the political community when the triggering, the content, and the scope of positive human rights obligations are determined. A central question is then how the search for a balance between intrusion and restraint by the State, between protection and freedom from invasion, defines this community and pulls the analysis of state responsibility for omissions in different directions. Designed to become the main reference source concerning ECHR positive obligations, this book makes four main contributions. First, it covers an important gap by isolating and studying the separate analytical elements (state knowledge, causation, and reasonableness) underlying state responsibility for failure to fulfil positive obligations. It explains the structure of review, the analytical steps taken to ascertain state responsibility for omissions. Secondly, the book offers a serious appreciation of the dangers associated with positive obligations whose scope might be too expansive or content too intrusive. Thirdly, it explains the different types of positive obligations. Fourthly, it offers the first examination of the conceptual hurdles if positive obligations under the ECHR were to be applied extraterritorially.
Article aims to compare the legal framework for ceasing of a state’s membership in the Council of Europe and Convention for the protection of Human Rights and Fundamental freedoms with the factual ...application of relevant framework in respect of the Russian Federation leaving the CoE in 2022. Analysis shows that foreseen procedures were o complied with, leading to defect actions and decision on the part of European party, and to somewhat inconsistent legal framework adopted in Russia. Lack of dialogue between the parties resulted in creation of two virtually unconnected legal realities. While the Council of Europe bodies and the Russian authorities apparently do not experience substantial adverse effects of this situation, the burden of such consequences is placed on the applicants, particularly on Russian citizens. It is assumed that very limited opportunities remain for interaction between Russian and European legal systems in terms of ensuring the rights of citizens.
This volume focuses on the recent challenge posed by right-wing populism to democratic consolidation in Europe and particularly explores the legal dimensions of this challenge. Part One attempts to ...define political populism and explains why it poses a challenge to democratic political order in Europe. Part Two examines the theoretical underpinnings of the populist challenge to human rights and democracy in Europe. Part Three applies this theory to concrete examples and considers case studies including an old EU Member State, two newer EU Member States and a non-EU Member State party to the ECHR. The aim is to examin the consequences of the present populist challenge in Europe that has been marked with excessively nationalist policies in some states party to the ECHR. It is explored how the Convention rights have been undermined, but also what the limitations are of the ECHR acting as a safety-net for democratic consolidation in Europe.
This book analyses the law of the European Convention on Human Rights as relevant to the exercise of 'hard power', which expression includes armed conflict, belligerent occupation, peacekeeping and ...peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
This book examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture. It provides a comprehensive and comparative analysis of the ...non-refoulement case-law of both the European Court of Human Rights and the UN Committee against Torture.
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance ...are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court's fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of "primarity" in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
The comprehensive analysis about the Inter-State Application under the ECHR by Isabella Risini fills a gap in the literature. The study provides an informed proposal to strengthen the protection of ...human rights in Europe and the role of the Court.
