Suchergebnisse

The ECtHR and socio-economic rights protection -- Making sense of the ECtHR's socio-economic protection -- The stages of fundamental rights adjudication -- Core rights as limits to limitations -- Minimum cores and the scope of fundamental rights -- Core socio-economic content -- A core rights perspective for the ECtHR -- Core socio-economic rights in the case law of the ECtHR

AbstractThe European Court of Human Rights (ECtHR) is an international court operating in the international legal order. Its judgments are not given direct effect in national law. In this sense we have a system of legal pluralism between international and national law. But the ECtHR has constitutional effects in national law through the weight placed on the Court's practice by national courts. Therefore, constitutional principles are applicable in the interaction between the ECtHR and national courts. This article discusses the transnational constitutional aspects of the Court, and how this should guide the roles of, respectively, the ECtHR and national courts.

AbstractThe current relationship between UK and Strasbourg is politically fraught, which presents inevitable challenges for both jurisdictions. This article will analyse how the Strasbourg Court has responded to these challenges when dealing with applications against the UK, particularly when an application is brought following determination by the UK Supreme Court. It will be argued that there is some evidence that the Strasbourg Court has recently been using the admissibility stage as a novel site for effecting strategic behaviour, in order to moderate and influence UK–Strasbourg relations. The effect of this recent inclination, and some possible justifications for it, will then be set out.

Loizidou, a Cypriot national, filed an application with the Commission against Turkey on 22 July 1989; Cyprus referred the case to the Court on 9 November 1993; the hearing on the merits was held on 25 September 1995; appearances.