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Author: Janneke Gerards
Publisher: Cambridge University Press
Published: 2017-03-30
Total Pages: 297
ISBN-13: 1107183774
DOWNLOAD EBOOKProcedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Author: Leonie M. Huijbers
Publisher:
Published: 2019
Total Pages: 0
ISBN-13: 9781780688879
DOWNLOAD EBOOKCourts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Author: Angelika Nussberger
Publisher: Elements of International Law
Published: 2020
Total Pages: 257
ISBN-13: 0198849648
DOWNLOAD EBOOKNussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Author: Eva Brems
Publisher: Cambridge University Press
Published: 2014-01-23
Total Pages: 379
ISBN-13: 1107729696
DOWNLOAD EBOOKIn fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Author: Jeremy McBride
Publisher: Council of Europe
Published: 2018-06-18
Total Pages: 529
ISBN-13: 928718741X
DOWNLOAD EBOOKA practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Author: Roberto E. Kostoris
Publisher: Springer
Published: 2018-04-12
Total Pages: 450
ISBN-13: 3319724622
DOWNLOAD EBOOKThis volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.
Author: Christina Eckes
Publisher: Oxford University Press
Published: 2009-12-10
Total Pages: 514
ISBN-13: 019957376X
DOWNLOAD EBOOKOf individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
Author: Steven Greer
Publisher: Cambridge University Press
Published: 2018-03-29
Total Pages: 562
ISBN-13: 1108647456
DOWNLOAD EBOOKConfusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author: Dominik Haider
Publisher: Martinus Nijhoff Publishers
Published: 2013-05-15
Total Pages: 347
ISBN-13: 9004246444
DOWNLOAD EBOOKStructural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
Author: Paul Craig
Publisher: Oxford University Press
Published: 2018-10-25
Total Pages: 994
ISBN-13: 0192567454
DOWNLOAD EBOOKThe third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
