Taking a case to the European Court of Human Rights

著者

• Leach, Philip

書誌事項

Taking a case to the European Court of Human Rights

Philip Leach

（Blackstone's human rights series / series editor, John Wadham）

Oxford University Press, 2005

2nd ed

注記

Includes bibliographical references and index

内容説明・目次

内容説明

Now in its second edition, this book written by an experienced human rights practitioner, provides practical and accessible advice and guidance on taking cases to the European Court of Human Rights. It incorporates a step by step approach to the litigation process which covers areas such as lodging the initial application, legal aid, costs, interim measures, friendly settlement, third party intervention, just satisfaction, enforcement of judgments, and Grand Chamber referrals. An explanation of the key principles underlying the European Convention on Human Rights precedes a concise and up to date article by article analysis of the substantive law of the European Convention, including derogation, reservation, and damages (with a table of illustrative damages awards in recent cases). It includes key substantive case law developments since 2000, commentary and guidance on the amended Court rules and new practice directions and recent changes in the Court's processing of cases, together with advice and information on drafting pleadings (with precedents included), fact-finding and merits hearings before the Court. The Court's admissibility criteria, a critical aspect of the Convention system, are dealt with in depth and a comprehensive set of Court forms and other precedents are included in the appendices.

目次

• FOREWORD
• PREFACE
• 1. Introduction - The Council of Europe and the European Convention on Human Rights
• 2. Practice and Procedure of the European Court: Pre-admissibility
• 3. Practice and Procedure of the European Court: Post-admissibility
• 4. Practice and Procedure of the European Court: Judgment and Enforcement
• 5. Admissibility Criteria
• 6. Underlying Convention Principles
• 7. The Substantive Rights of the European Convention
• 8. Derogation and Reservation
• 9. Just Satisfaction (Article 41)
• 10. Strengthening the Prohibition of Discrimination: Protocol 12
• 11. Case Study: Peck v UK
• 12. Sources of Information on the European Convention on Human Rights
• APPENDIX 1 - CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AS AMENDED BY PROTOCOL NO. 11 (WITH PROTOCOL NOS. 1 , 4, 6, 7, 12 AND 13)
• APPENDIX 2 - PROTOCOL NO. 14 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, AMENDING THE CONTROL SYSTEM OF THE CONVENTION, 13 MAY 2004
• APPENDIX 3 - RULES OF COURT (NOVEMEBER 2003)
• APPENDIX 4 - APPLICATION FORM
• APPENDIX 5 - FORM OF AUTHORITY
• APPENDIX 6 - COURT ACKNOWLEDGEMENT LETTER
• APPENDIX 7 - RULE 36 FORM OF APPOINTMENT OF REPRESENTATIVE
• APPENDIX 8 - DECLARATION OF APPLICANT'S MEANS
• APPENDIX 9 - COMMITTEE DECISION LETTER: (X V X)
• APPENDIX 10 - EUROPEAN COURT LEGAL AID RATES (AS APPLICABLE FROM 1 JANUARY 2004)
• APPENDIX 11 - NATIONAL AUTHORITIES COMPETENT TO CERTIFY THE INDIGENCE OF APPLICANTS FOR THE PURPOSES OF RULE 93 OF CHAPTER X OF THE RULES OF COURT
• APPENDIX 12 - NOTES FOR GUIDANCE OF PERSONS APPEARING AT HEARINGS BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
• APPENDIX 13 - TABLE OF DATES OF ENTRY INTO FORCE OF THE CONVENTION AND ITS PROTOCOLS
• APPENDIX 14 - COMPOSITION OF THE COURT (AND SECTIONS)
• APPENDIX 15 - RULES ADOPTED BY THE COMMITTEE OF MINISTERS FOR THE APPLICATION OF ARTICLE 46, PARAGRAPH 2 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS, 10 JANUARY 2001
• APPENDIX 16 - EUROPEAN AGREEMENT RELATING TO PERSONS PARTICIPATING IN PROCEEDINGS OF THE EUROPEAN COURT OF HUMAN RIGHTS, E.T.S. NO. 16, 5 MARCH 1996
• APPENDIX 17 - CONDITIONAL FEE AGREEMENT (ENGLAND AND WALES)
• APPENDIX 18 - VIENNA CONVENTION ON THE LAW OF TREATIES (SECTIONS 31-33)
• APPENDIX 19 - RECOMMENDATION R(2000)2 OF THE COMMITTEE OF MINISTERS ON THE RE-EXAMINATION OR REOPENING OF CERTAIN CASES AT DOMESTIC LEVEL FOLLOWING JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS, 19 JANUARY 2000
• APPENDIX 20 - RESOLUTION RES(2004)3 OF THE COMMITTEE OF MINISTERS ON JUDGEMENTS REVEALING AN UNDERLYING SYSTEMIC PROBLEM, 12 MAY 2004
• APPENDIX 21 - RECOMMENDATION REC(2004)6 OF THE COMMITTE OF MINISTERS TO MEMBER STATES ON THE IMPROVEMENT OF DOMESTIC REMEDIES, 12 MAY 2004
• APPENDIX 22 - PECK V UK: APPLICATION UNDER ARTICLE 31, 17 NOVEMBER 1998
• APPENDIX 23 - PECK V UK: GOVERNMENT'S OBSERVATIONS ON THE ADMISSIBILITY AND MERITS, 29 FEBRUARY 2000
• APPENDIX 24 - PECK V UK: APPLICANT'S FURTHER OBSERVATIONS, 18 MAY 2000
• APPENDIX 25 - THIRD PARTY INTERVENTION OF THE INTERNATIONAL COMMISSION OF JURISTS (ICJ) IN MAMATKULOV AND ABDURASULOVIC V TURKEY
• APPENDIX 26 - THIRD PARTY INTERVENTION OF LIBERTY AND THE TRADES UNION CONGRESS IN WILSON, NATIONAL UNION OF JOURNALISTS AND OTHERS V UK, 5 JANUARY 2001
• APPENDIX 27 - THIRD PARTY INTERVENTION OF LIBERTY IN GOODWIN V UK, I V UK, 16 JANUARY 2002
• APPENDIX 28 - THIRD PARTY INTERVENTION OF ILGA-EUROPE, LIBERTY AND STONEWALL IN KARNER V AUSTRIA, 12 MARCH 2002
• APPENDIX 29 - THIRD PARTY INTERVENTION OF OSCE MISSION TO BOSNIA AND HERZEGOVINA IN BLECIC V CROATIA
• APPENDIX 30 - THIRD PARTY INTERVENTION OF INTERIGHTS IN M.C. V BULGARIA, 12 APRIL 2003
• YOYLER V TURKEY: APPLICANT'S MAP OF HIS VILLAGE (USED DURING THE FACT-FINDING HEARING)
• KALASHNIKOV V RUSSIA: COMMITTE OF MINISTERS INTERIM RESOLUTION RESDH(2003)123, 4 JUNE 2003
• INDEX

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詳細情報

• NII書誌ID(NCID): BA71700855
• ISBN:
  • 0199275289
• 出版国コード: us
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: New York
• ページ数/冊数: lix, 794 p.
• 大きさ: 23 cm
• 分類:
  • LCC : KJC5138
  • DC22 : 341.4/8/094
• 件名:
  • LCSH : European Court of Human Rights -- Rules and practice
  • LCSH : Civil rights -- Europe
• 親書誌ID:
  • BA51328081