Suchergebnisse

The primary aim of this study as a whole is to examine how useful a safeguard the Convention is, and can be, in the sensitive area of national security law and practice. The first part of the book consists of an examination of the national security concept generally in the Convention and the context of national security concerns in European states. The second part of the book is devoted to detailed studies of secret surveillance and security data registers, both of the court and commission's case law and of national laws in the field. The third part of the book consists of an article-by-article analysis of the case law of the commission and the court dealing with national security. The book is of interest to academics, practising lawyers and legislators interested in human rights and national security issues

Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent that the ECHR matters also in the ?horizontal? relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR has triggered significant changes in Contracting States? domestic private laws. 00The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties? domestic laws, focusing on two jurisdictions: Germany and Italy. 00The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. 00The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the ECtHR involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law

Through the introduction of an advisory opinions procedure, Protocol No. 16 to the European Convention of Human Rights (the Convention) aims to strengthen the interaction between national courts and the European Court of Human Rights (hereafter the Court), as well as to alleviate the Court's caseload. National courts can present questions to the Court on important aspects of the interpretation of the Convention, on which the Court will give a non-binding opinion. This article critically examines the potential of the procedure established by Protocol No. 16 in the light of its objectives. To this end, a comparison with the preliminary reference procedure in EU law is made to assess the procedure's prospective effects and its impact. It is concluded that it is not to be expected that the advisory opinions procedure will bring much added value, partly as a result of the different legal structure of the procedure of Protocol No. 16 when compared to the preliminary reference procedure in EU law, and partly because of the particular context in which the procedure is introduced.

Human rights problems exist all over Europe. Although the European Court of Human Rights is competent to deal with individual complaints about such problems, the Court is much criticised. Moreover, there may be little political will or capacity to tackle the structural problems which have caused such complaints to be made. At the same time, the judgments of the Court can be shown to have great impact on national case-law, legislation and policy. Paradoxically, thus, the Court's case-law has an important transformative power, as is further explained in this article.

This paper, deals with the specific position of the European Convention of Human Rights within the EU human rights architecture. Special attention is drawn to the relationship between the European Convention of Human Rights and the EU Charter of Fundamental Rights, as well as the relationship between the European Convention of Human Rights and general legal principles. Despite some tensions between the Luxembourg and the Strasbourg systems of protection, the European Convention remains an important external pillar of the human rights doctrine of the EU Court of Justice. The European Convention and the relevant case law of the European Court of Human Rights continue to be a stabilizing element of the European protection of human rights.