Suchergebnisse

Cover -- Dedication -- Title Page -- Foreword -- Preface -- Acknowledgements -- Contents -- List of Abbreviations -- Table of Cases -- Table of Treaties -- Table of Documents -- Introduction -- PART I: EXPORTING THE ECHR TO THE EU LEGAL ORDER -- 1. The Direct Application of the ECHR by the Luxembourg Court -- I. Article 8 ECHR in CJEU Case Law: Overlapping and Divergent Jurisprudence -- A. The Right to Private Life and EU Data Protection -- B. The Right to Private and Family Life in Migration and Asylum Cases -- II. Articles 6 and 13 ECHR within the EU System: Interpretation of the Procedural Principles -- A. The Core Elements of Fair Trial and Effective Remedy: The Protection of Legal Persons -- B. Fair Trial Minimum Guarantees: Presence at the Trial -- III. The Ne bis in Idem Principle in the CJEU Jurisprudence: New Challenges in the Post-Lisbon Era -- IV. Conclusion -- 2. The Application of the ECHR as a Restriction Mechanism of EU Law -- I. The ECHR as a Ground for Derogation from the Internal Market Freedoms of the EU -- A. The Equilibrium between Fundamental Rights and EU Fundamental Freedoms -- B. The Particularity of Social Rights: Inconsistent Approaches -- II. The ECHR Standards of Protection: The Impact to EU Data Protection Law and Jurisprudence -- III. The ECHR as an Impediment to Fundamental Rights Violations Exercised by EU Institutions: The Example of UN Sanctions -- A. The Bosphorus Case Formulating the Interrelationship of the Two Judicial Systems -- B. The Decisive Step: The Kadi Saga -- IV. The Restriction of the EU Asylum Rules in the Light of the ECtHR's Case Law: Τhe Dublin Cases -- A. ECtHR - CJEU Bras de Fer: Paving the Way for the Dublin Reform -- B. Last Breath for Dublin? -- V. Conclusion -- PART II: EXPORTING THE ECHR TO THE INTERNATIONAL LEGAL ORDER.

Intro -- Title page -- Contents -- Human rights in Europe -- Human rights for our time -- NEVER AGAIN! -- RIGHTS AND OBLIGATIONS -- WHAT RIGHTS ARE IN THE CONVENTION? -- HOW RELEVANT ARE CONVENTION RIGHTS TODAY? -- IMPROVING HOW THE CONVENTION WORKS -- Cases that make human rights law -- HUMAN RIGHTS FOR EVERYONE -- LIFE AND DEATH -- TORTURE, INHUMAN AND DEGRADING TREATMENT -- LIBERTY AND SECURITY -- A FAIR TRIAL -- PRIVACY AND FAMILY LIFE -- FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION -- FREEDOM OF EXPRESSION -- FREEDOM OF ASSEMBLY AND ASSOCIATION -- EDUCATION: LESSONS FROM THE STATE? -- FREE ELECTIONS -- DISCRIMINATION -- The European Court of Human Rights -- ONE JUDGE, THREE JUDGES, SEVEN OR SEVENTEEN? -- BACKLOG OF CASES, PUBLIC PROCEEDINGS, FRIENDLY SETTLEMENT -- FOLLOW THROUGH: EXECUTING JUDGMENTS -- The broader picture of European human rights -- STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH) -- COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS -- EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT) -- EUROPEAN COMMISSION AGAINST RACISM AND INTOLERANCE (ECRI) -- EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) -- EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) -- COMMISSIONER FOR HUMAN RIGHTS -- What next for human rights? -- EXPANDING EUROPEAN HUMAN RIGHTS -- IMPROVING THE APPLICATION OF HUMAN RIGHTS LAW -- SOCIAL, ECONOMIC AND ENVIRONMENTAL RIGHTS -- OTHER BENEFICIARIES: WOMEN, CHILDREN, PEOPLE WITH DISABILITIES -- EU ACCESSION TO THE CONVENTION -- IMPLEMENTING THE CONVENTION: OUR SHARED RESPONSIBILITY -- Resources -- Human rights bodies -- Human rights texts -- Human rights courts -- Books -- Copyright -- Table of contents.

International Human Rights Courts (IHRCts), such as the European Court of Human Rights (ECtHR), have come under increasing criticism as being incompatible with domestic judicial and legislative mechanisms for upholding rights. These domestic instruments are said to possess greater democratic legitimacy than international instruments do or could do. Within the UK this critique has led some prominent judges and politicians to propose withdrawing from the European Convention on Human Rights (ECHR). Legal cosmopolitans respond by denying the validity of this democratic critique. By contrast this article argues that such criticisms are defensible from a political constitutionalist perspective but that International Human Rights Conventions (IHRCs) can nevertheless be understood in ways that meet them. To do so, IHRC must be conceived as legislated for and controlled by an international association of democratic states, which authorizes IHRCts and holds them accountable, limiting them to 'weak review'. The resulting model of IHRC is that of a 'two level' political constitution. The ECHR is shown to largely accord with this model, which is argued to be both more plausible and desirable than a legal cosmopolitan model that sidelines democracy and advocates 'strong' review.

This book investigates where the European Convention on Human Rights (ECHR) as a living instrument stands on migration and rights of migrants. Individual chapters in the volume address how the tension between the textual silence of the Convention concerning migrant rights and the significant number of cases that the ECHR have addressed concerning migration and rights migrants are resolved or left to the discretion of European states. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration covering the right to flee, who is entitled to enter and remain Europe, what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state, not only to those who recently entered Europe, but also to those who have been living in Europe for a longer time. As such, the book evaluates the case law of the ECHR concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes and those who are currently second- or third-generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.