Suchergebnisse

The concept of 'legitimate expectation' is one which has developed to different degrees in the domestic laws of contracting states of the Council of Europe. The European Court of Human Rights tends to use the term is two related contexts. First, the Court refers to legitimate expectation as a way of expanding the scope of 'possessions' within the meaning of Article 1 of Protocol 1 (P1-1) of the European Convention of Human Rights in order to bring an issue within the purview of the Court. Second, the Court uses the term to refer to a person's expectations as to the future peaceful enjoyment of their possessions. The failure by the Court to define clearly what it means by the term 'legitimate expectation' and its use in two different (if related) ways has led to significant confusion in the Court's jurisprudence as it concerns social security.

This Note reviews the history of Basque terrorism in Spain and the Spanish's government's recent decision to ban Batasuna, the political party affiliated with the militant group, ETA. Although Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms affords Spanish citizens the freedom of association, it recognizes Spain's need to protect its citizens from terrorist violence. This Note argues that the European Court of Human Rights, based on relevant case law, will most likely find that Batasuna's dissolution does not violate Article 11 because it is necessary and proportional to the end of protecting Spain's democratic system.

"Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities."--

The issue of human rights is a problem of great concern in the European Union. Previous alliances faced problems related to human rights in the areas of geopolitics and geo-economics. The ECHR (European Convention of Human Rights) is present as a regime carrying out human rights values that were previously influenced by COE (The Convention of Europe) in the European Union. The development of the ECHR as a human rights regime in the European Union is very dependent on the conditions of the EU member states themselves, which were previously fragmented into fascist and communism systems and must be transformed into democratic liberals. Data in this research will be explored through literature method (library research). The process of developing the ECHR as a human rights regime should be analyzed through an international regime approach using the theory of regime-interplay which will examine the ECHR process as one of the influential human rights regimes in the European Union.Bahasa Indonesia Abstract: Isu Hak Asasi Manusia adalah masalah yang sangat diperhatikan di Uni Eropa. Aliansi negara-negara Eropa sebelumnya menghadapi masalah yang berkaitan dengan Hak Asasi Manusia yang dihubungkan dengan aspek geo-politik dan geo-ekonomi di kawasan tersebut. ECHR (Konvensi Eropa tentang Hak Asasi Manusia) hadir sebagai rezim yang menjalankan nilai-nilai HAM yang sebelumnya dipengaruhi oleh COE (Konvensi Eropa) di Uni Eropa. Perkembangan ECHR sebagai rezim hak asasi manusia di Uni Eropa sangat tergantung pada kondisi negara-negara anggota UE sendiri, yang sebelumnya terfragmentasi menjadi sistem fasisme dan komunisme, dan harus ditransformasikan menjadi sistem liberal. Data dalam penelitian ini akan dianalisa melalui metode literatur (studi pustaka). Proses pengembangan ECHR sebagai rezim Hak Asasi Manusia dianalisis melalui pendekatan rezim internasional menggunakan teori regime-interplay yang akan menelaah proses ECHR sebagai salah satu rezim HAM yang berpengaruh di Uni Eropa.

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law.

Preliminary Material /Malgosia Fitzmaurice and Panos Merkouris -- Articulating International Human Rights and International Humanitarian Law: Conciliatory Interpretation under the Guise of Conflict of Norms-Resolution /Jean d'Aspremont -- The Reform Measures of ECHR Protocol No. 14 and the Provisional Application of Treaties /Anneliese Quast Mertsch -- The Accountability of International Organizations for Human Rights Violations: The Cases of the UN Mission in Kosovo (UNMIK) and the UN 'Terrorism Blacklists' /Cedric Ryngaert -- Complementing Occupation Law? Selective Judicial Treatment of the Suitability of Human Rights Norms /Ralph Wilde -- European Convention on Human Rights and the Law of the Sea: The Strasbourg Court in Unchartered Waters? /Efthymios Papastavridis -- Investors' Rights qua Human Rights? Revisiting the 'Direct'/'Derivative' Rights Debate /Anastasios Gourgourinis -- Human Rights Considerations in International Investment Arbitration /Eric De Brabandere -- Jurisprudence of the European Court of Human Rights Regarding Indigenous Peoples: Retrospect and Prospects /Timo Koivurova -- Bibliography /Malgosia Fitzmaurice and Panos Merkouris.

This text explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility, and immunity.

This is the first paper to examine pain and suffering damages in complex human rights cases decided under the European Convention on Human Rights (ECHR). This is, those involving more than one violation. For the empirical analysis we constructed a dataset based on cases decided by the European Court of Human Rights (ECtHR), containing N=1685 observations. Based on hierarchical cluster analysis we first identify four clusters, comprising two to four violated Convention articles. We then use multiple regression analysis to examine how pain and suffering damages are affected in cases involving multiple violations. We find that pain and suffering damages in European Convention on Human Rights (ECHR) cases are not additive. Instead, applicants receive proportionally less monetary compensation for more violated Convention articles.