Recent references - Law
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 4, S. 199
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 4, S. 199
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 6, S. 165-169
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 2, S. 173
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 4, S. 108-109
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 2, S. 103
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 4, S. 105
ISSN: 0264-7362, 1362-458X
In: European access: the current awareness bulletin to the policies and activities of the European Communities, Heft 5, S. 85
ISSN: 0264-7362, 1362-458X
In: Labour research, Band 84, Heft 1, S. 25
ISSN: 0023-7000
In: Vienna online journal on international constitutional law: ICL-Journal, Band 14, Heft 1, S. 43-69
ISSN: 1995-5855, 2306-3734
Abstract
The present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court's rule of law concept and contrast it with the author's working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.
In: Vienna online journal on international constitutional law: ICL-Journal, Band 0, Heft 0
ISSN: 1995-5855, 2306-3734
Abstract
The present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court's rule of law concept and contrast it with the author's working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.
In: Common Market Law Review, Band 59, Heft 4, S. 1107-1136
ISSN: 0165-0750
In: Pécs Journal of International and European Law, Band 2016, Heft no.2
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