A Practitioner's Guide to the European Convention on Human RightsSweet & Maxwell, 2011 - 915 strani This is a practical and detailed reference guide to the procedure for taking a case to the European Court of Human Rights (ECHR). As well as explaining the principles of the European Convention on Human Rights (and its role in UK law), the book provides step-by-step guidance on the practices and procedures involved in bringing a case before the ECHR, ensuring that practitioners have a comprehensive guide to practising in the Court.The new edition will provide an update on the relevant procedures, case law and problem areas, as well as including a clear explanation of the organisation and structure of the ECHR, the latest trends in case sources and topics, and coverage of key provisions and general principles organised by subject area. |
Vsebina
Table of Cases | xi |
Table of Cases Before the European Commission of Human Rights | lxxv |
Table of Legislation | lxxxvii |
INTRODUCTION | 1 |
| 5 | |
A Procedure Before the European Court of Human Rights | 7 |
PRACTICE AND PROCEDURE A 1 The Court I001 | 8 |
Outline of procedure | 9 |
Retrospectivity | 239 |
Right to silence | 247 |
Sentencing | 254 |
Tribunal established by law | 257 |
Witnesses | 261 |
B Other | 269 |
Aids | 275 |
Armed forces | 284 |
CONTENTS | 12 |
Interim relief | 20 |
Legal aid and representation | 23 |
B Admissibility Checklist | 26 |
Exhaustion of domestic remedies I040 | 27 |
Exhaustion of domestic remedies | 31 |
Manifestly illfounded | 37 |
Incompatability | 39 |
Substantially the same | 46 |
Abuse of petition | 47 |
Striking out | 49 |
Appeal against admissibility decisions or reopening | 52 |
Anonymous applicants | 54 |
No significant disadvantage | 55 |
InterState cases | 56 |
Convention Principles and Approach | 57 |
Fourth instance | 58 |
Margin of appreciation | 59 |
Autonomous concepts | 61 |
Effectiveness | 62 |
Rule of law | 63 |
Democratic values and institutions | 65 |
Necessity | 66 |
Proportionality | 67 |
Positive obligations | 68 |
Individual rights | 69 |
Legitimate expectations | 70 |
Convention approach to evidence and burdens of proof | 71 |
Necessity I072 | 72 |
Structured approach | 73 |
Positive obligations I074 | 74 |
Sources of CaseLaw and Information | 75 |
Procedure | 76 |
Institutional and statistical information | 77 |
Convention approach to evidence and burdens of proof I078 | 78 |
PROBLEM AREAS | 79 |
A Fair Trial Guarantees | 81 |
Sources of CaseLaw and Information 1 Court judgments and decisions I086 | 86 |
Procedure I088 | 88 |
1a Criminal charge | 90 |
1b Civil rights and obligations | 97 |
Access to court | 106 |
Adequate time and facilities | 121 |
Appeals | 126 |
Costs in court | 130 |
Double jeopardy | 135 |
Entrapment and agents provocateurs | 139 |
Equality of arms | 143 |
Evidence | 149 |
Independence and impartiality | 159 |
Information about the charge | 172 |
Interpretation | 176 |
Juries | 178 |
Legal aid in civil cases | 183 |
Legal representation in criminal proceedings | 187 |
Legislative interference | 198 |
Length of proceedings | 202 |
Presence in court | 211 |
Presumption of innocence | 216 |
Public hearing and judgment | 226 |
Reasons for decisions | 234 |
Arrest | 292 |
Childcare cases | 297 |
Compensation for detention | 316 |
Corporal punishment | 319 |
Defamation and the right to reputation | 323 |
Deprivation of liberty | 335 |
states of emergency | 352 |
Detention pending extradition and expulsion | 357 |
Discrimination | 363 |
Education | 384 |
Electoral rights | 393 |
Environment | 409 |
Euthanasia | 418 |
Expropriation confiscation and control of use | 422 |
Extradition | 433 |
Forced labour | 440 |
Freedom of assembly | 444 |
Freedom of association | 451 |
Freedom of expression | 464 |
Freedom of movement | 504 |
Gypsies and minorities | 509 |
Hindrance in the exercise of the right of individual petition | 519 |
Home | 530 |
Homosexuality | 536 |
Housing and tenancy | 543 |
Immigration and expulsion | 548 |
Interception of communications | 579 |
Marriage and founding a family | 588 |
Mental health | 594 |
Pensions | 605 |
Planning and use of property | 611 |
Pretrial detention | 617 |
Prisoners rights | 630 |
Private life | 653 |
Property | 679 |
Reasons for arrest and detention | 694 |
Religion thought and conscience | 698 |
Remedies | 712 |
Review of detention | 723 |
Right to life | 735 |
Surveillance and secret files | 776 |
Tax | 783 |
Torture inhuman and degrading treatment | 789 |
Transsexuals | 819 |
Welfare benefits | 824 |
JUST SATISFACTION | 831 |
A General Principles | 833 |
B Different Types of Loss | 838 |
Nonpecuniary loss | 847 |
Legal costs and expenses | 865 |
Default interest | 869 |
APPENDICES | 871 |
No 11 Arts 149 and Protocols Nos 1 4 6 and 7 | 873 |
Dates of Entry Into Force | 888 |
Article 63 Declaration | 889 |
Application Form | 890 |
Legal Aid Rates | 896 |
Practice Direction | 897 |
| 903 | |
Pogosti izrazi in povedi
access to court accused admissibility alleged applicant applicant's April April 29 assessment Austria authorities Belgium breach Bulgaria civil claim Comm HR compensation complaints concerning Convention organs conviction Court considered Court found Court noted criminal proceedings Czech Republic December 16 decision defence detention disclose domestic courts domestic law ECHR effective evidence examination fact failure fair February February 22 Finland France Germany Government Grand Chamber Greece guarantees hearing HUMAN RIGHTS issues Italy January January 11 judge judgment judicial July July 12 June June 28 jurisdiction jury lack lawyer legal aid legislation legitimate March March 23 margin of appreciation measures Netherlands November November 15 November 27 obligation October 28 offence paras particular party person Poland police prison PROBLEM AREAS procedure prosecution Pt IIA reasonable refusal regarded relevant remedy Romania rule Russia September September 23 Series Spain sufficient Sweden Switzerland time-limit trial Turkey Ukraine United Kingdom violation