Taking a case to the European Court of Human Rights /

Taking a case to the European Court of Human Rights /

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Bibliographic Details
Author / Creator:Leach, Philip, author.
Edition:Fourth edition. Student version.
Imprint:New York, NY : Oxford University Press, 2017.
©2017
Description:xciv, 625 pages ; 26 cm
Language:English
Subject:
European Court of Human Rights -- Rules and practice.
European Court of Human Rights.
Civil rights -- Europe.
Civil rights.
Europe.
Rules.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11414917
Hidden Bibliographic Details
ISBN:9780198755418 (pbk)
0198755414 (pbk)
Notes:Includes bibliographical references and index.
Table of Contents:
  • Acknowledgements
  • Table of Cases
  • Table of International Instruments
  • Table of National Legislation
  • Table of Rules of Court
  • 1. Introduction-The Council of Europe and the European Convention on Human Rights
  • The Council of Europe: Origins and Principal Bodies
  • The European Convention on Human Rights
  • The European Court of Human Rights
  • 2. Practice and Procedure of the European Court-The Pre-judgment Phase
  • Lodging the Application with the Court
  • Costs, Legal Aid and Fees
  • Getting Assistance
  • Opening of the Case File and Initial Stages
  • Procedure before a Single judge, Committee or Chamber
  • Third Party Intervention
  • Establishing the Facts
  • Friendly Settlement
  • Striking Out (and Unilateral Declarations)
  • Submissions Post-admissibility
  • Oral Hearing
  • 3. Practice and Procedure of the European Court-Judgment and Enforcement
  • Delivery of Judgment
  • Referral to the Grand Chamber
  • Interpretation of Judgment
  • Revision of judgment
  • Enforcement of Judgments
  • 4. Standing and Admissibility Criteria
  • Introduction
  • Capacity and Standing-Who May Petition the Court?
  • Who Can Claim to be a Victim?
  • When Inadmissibility Arguments can be Raised and Decided
  • Exhaustion of Domestic Remedies
  • Six-Month Time Limit
  • No Significant Disadvantage
  • Anonymous Applications
  • Applications Substantially the Same as a Matter That Has Already Been Examined by the Court
  • Applications Already Submitted to Another Procedure of International Investigation or Settlement
  • Incompatibility with the Provisions of the Convention
  • Manifestly Ill-founded
  • Abuse of the Right of Application
  • 5. Underlying Convention Principles
  • Introduction
  • Subsidiarity
  • A Democratic Society
  • Legal Certainty
  • Proportionality
  • Margin of Appreciation
  • The Convention as a 'Living Instrument'
  • Absence of Doctrine of Precedent
  • Practical and Effective Rights
  • Autonomous Concepts
  • Positive Obligations
  • Restrictions on Rights
  • Prohibition of Abuse of Rights
  • Interpretation of the Scope of Substantive Rights
  • Irrelevance of a State's Resources
  • Interpretation in Accordance with the Vienna Convention
  • Interpretation in Accordance with International Law
  • Interpretation in the Light of the Travaux Préparatoires
  • Issues Considered by the Court of its Own Motion
  • Inability to Consider Cases in the Abstract
  • Rules of Evidence and Burden of Proof
  • Waiver of Convention Rights
  • The Effective Exercise of the Right of Application
  • Duty to furnish all necessary facilities (Article 38-former Article 38(1)(a))
  • 6. The Substantive Rights of the European Convention
  • Article 1. Obligation to Respect Human Rights
  • Article 2. The Right to Life
  • Article 3. Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
  • Article 4. Prohibition of Slavery and Forced Labour
  • Article 5. Right to Liberty and Security of the Person
  • Article 6. The Right to a Fair Hearing
  • Article 7. No Punishment Without Law
  • Article 8. The Right to Respect for Private and Family Life, Home and Correspondence
  • Article 9. Freedom of Thought, Conscience and Religion
  • Article 10. Freedom of Expression
  • Article 11. Freedom of Peaceful Assembly and Association
  • Article 12. Right to Marry
  • Article 13. Right to an Effective Remedy
  • Article 14. Prohibition of Discrimination
  • Article 1 of Protocol No. 1: Right of Property
  • Article 2 of Protocol No. 1: Right to Education
  • Article 3 of Protocol No. 1: Right to Free Elections
  • Article 1 of Protocol No. 4: Prohibition of Imprisonment for Debt
  • Article 2 of Protocol No. 4: Freedom of Movement
  • Article 3 of Protocol No. 4: Prohibition of Expulsion of Nationals
  • Article 4 of Protocol No. 4: Prohibition of Collective Expulsion of Aliens
  • Articles 1 and 2 of Protocol No. 6; Article 1 of Protocol No. 13: Abolition of the Death Penalty
  • Article 1 of Protocol No. 7: Procedural Safeguards Relating to Expulsion of Aliens
  • Article 2 of Protocol No. 1: Right of Appeal in Criminal Matters
  • Article 3 of Protocol No. 7: Compensation for Wrongful Conviction
  • Article 4 of Protocol No. 7: Right not to be Tried or Punished Twice
  • Article 5 of Protocol No. 7: Equality Between Spouses
  • Article 1 of Protocol No. 12: General Prohibition of Discrimination
  • 7. Derogation and Reservation
  • Derogation
  • Reservation
  • 8. Just Satisfaction (Article 41)
  • Introduction
  • Pecuniary and Non-pecuniary Compensation
  • Non-pecuniary Measures of Redress
  • Non-implementation of Domestic Court Judgments
  • Restitution of Property
  • Costs and Expenses
  • Index
Gift of the Samuel & Elaine Kersten Law Library Fund bookplate

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