The European Convention on Human Rights
The European Convention on Human Rights

Author: William A. Schabas

Publisher: Oxford University Press

Published: 2015-09-24

Total Pages: 1433

ISBN-13: 0191066761

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The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

The accession of the European Union to the European Convention on Human Rights
The accession of the European Union to the European Convention on Human Rights

Author: Johan Callewaert

Publisher: Council of Europe

Published: 2014-01-01

Total Pages: 107

ISBN-13: 9287179700

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Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Protecting the right to freedom of expression under the European Convention on Human Rights
Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states 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.

Introduction to the European Convention on Human Rights
Introduction to the European Convention on Human Rights

Author: Jean-François Renucci

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 132

ISBN-13: 9789287157157

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The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

The Treaty on European Union (TEU)
The Treaty on European Union (TEU)

Author: Hermann-Josef Blanke

Publisher: Springer Science & Business Media

Published: 2013-11-26

Total Pages: 1821

ISBN-13: 3642317065

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The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Framework Convention for the Protection of National Minorities
Framework Convention for the Protection of National Minorities

Author: Council of Europe

Publisher: Council of Europe

Published: 2005-01-01

Total Pages: 88

ISBN-13: 9789287157027

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The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.

After Lisbon: National Parliaments in the European Union
After Lisbon: National Parliaments in the European Union

Author: Katrin Auel

Publisher: Routledge

Published: 2017-10-02

Total Pages: 236

ISBN-13: 1317380835

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The role of national parliaments in EU matters has become an important subject in the debate over the democratic legitimacy of European Union decision-making. Strengthening parliamentary scrutiny and participation rights at both the domestic and the European level is often seen as an effective measure to address the perceived ‘democratic deficit’ of the EU – the reason for affording them a prominent place in the newly introduced ‘Provisions on Democratic Principles’ of the Union (in particular Article 12 TEU). Whether this aim can be met, however, depends crucially on the degree to which, and the manner in which, national parliaments actually make use of their institutional rights. This volume therefore aims at providing a comprehensive overview of the activities of national parliaments in the post-Lisbon Treaty era. This includes the ‘classic’ scrutiny of EU legislation, but also parliamentary involvement in EU foreign policy, the use of new parliamentary participation rights of the Lisbon Treaty (Early Warning System), their role regarding the EU’s response to the Eurozone crisis, and the, so far under-researched, role of parliamentary administrators in scrutiny processes. This book was originally published as a special issue of West European Politics.