Handbook on the European Convention on Human Rights

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書誌事項

Handbook on the European Convention on Human Rights

by Mark E. Villiger ; with a foreword by Robert Spano

Brill Nijhoff, c2023

  • : hardback

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注記

Includes index

内容説明・目次

内容説明

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court's case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

目次

  • Introduction Abbreviations Abridged Bibliography References and CitationsVII ForewordVIII Part 1 1 Origin, Development and Binding Nature of the Convention A Introduction B Role of the Council of Europe C Signature and Ratification of the Convention D Protocols to the Convention E Binding Nature of the Convention F Right to Individual Application G Reservations H Relationship with the European Union (EU) I Appreciation Part 2: Admissibility Conditions of an Application 2 Overview of the Admissibility Conditions A Introduction B Significance of Admissibility C Overview of the Admissibility Conditions 3 Personal, Territorial, Temporal and Subject-Matter Jurisdiction (Article 35 3[a] of the Convention) A Introduction B Personal Jurisdiction (ratione personae) C Territorial Jurisdiction (ratione loci) D Temporal Jurisdiction (ratione temporis) E Subject-Matter Jurisdiction (ratione materiae) F Appreciation 4 Exhaustion of Domestic Remedies (Article 35 1 of the Convention) A Introduction B "Vertical" Exhaustion of Domestic Remedies - From the First to the Last Instance C "Horizontal" Exhaustion of Domestic Remedies - Complying at Every Level with Procedural Requirements D Practical Advice to Applicants E Appreciation 5 Compliance with the Time-Limit of Four Months (Article 35 1 of the Convention) A Introduction B Calculation of Time-Limit C Ineffective Remedies D 15th Protocol E Appreciation 6 Substantive Conditions: Manifest Ill-Foundedness and Absence of Significant Disadvantage (Article 35 3[a] and [b] of the Convention) A Introduction B Manifest Ill-Foundedness C Particular Aspects D Absence of Significant Disadvantage E Appreciation Part 3: European Court of Human Rights 7 The Court's Organisation A Introduction B Judges C Decision-Making Bodies D Working Methods E Parties before the Court F Court Statistics and Budget G Appreciation 8 Proceedings before the Court A Introduction B Admissibility Proceedings C Non-Contentious Proceedings D Proceedings on the Merits: Fact-Finding, Deliberations, Judgment E Referral and Relinquishment to the Grand Chamber F Provisional (interim) Measures (Rule 39 of the Rules of Court) G Pilot Procedure H Advisory Opinions upon Request by Domestic Superior Courts I Striking an Application out of the Court's List of Cases (Article 37) J Interpretation and Reopening of Proceedings
  • Rectification of Errors K Appreciation 9 Inter-State Applications (Article 33 of the Convention) A Introduction B Practice C Conditions D Appreciation 10 Judgments of the Court A Introduction B Contents C Just Satisfaction D Effects E Supervision by the Committee of Ministers F Examples for the Execution of Judgments G Appreciation 11 Principles of the Interpretation and Application of the Substantive Guarantees of the Convention and Its Protocols A Introduction B Concrete and Abstract Review of Norms C Party Presentation and Proceeding ex officio
  • iura novit curia D Principles of Interpretation E Characteristics of the Convention F Appreciation Part 4: Substantive Guarantees of the Convention 12 Right to Life (Article 2 of the Convention) A Introduction B Protection of Life C Temporal Components of Article 2 - Beginning and End of Life D Prohibition of Intentional Killing E Procedural Obligations F Appreciation 13 Prohibition of Torture and Inhuman and Degrading Treatment or Punishment (Article 3 of the Convention) A Introduction B Interpretation of Terms C Positive Obligations D Conditions of Detention E Expulsion and Extradition F Evidence before the Court G Appreciation 14 Prohibition of Forced Labour (Article 4 of the Convention) A Introduction B Guarantees C Exceptions (Article 4 3) D Appreciation 15 Conditions of Deprivation of Liberty (Article 5 of the Convention) A Introduction B Forms of Deprivation of Liberty C Domestic Procedure and Legal Basis as Prerequisites D Grounds for Deprivation of Liberty (Article 5 1[a]-[f]) E Right to Information (Article 5 2) F Detention on Remand (Article 5 3) G Right to Review of Lawfulness of Detention (Article 5 4) H Right to Compensation (Article 5 5) I Appreciation 16 Guarantees of a Fair Trial (Article 6 of the Convention) - I Applicability and Scope of the Procedural Rights A Introduction B Civil Proceedings C Criminal Proceedings D Further Situations E Appreciation 17 Guarantees of a Fair Trial (Article 6 of the Convention) - II Requirements as to the Court A General Requirements B Legal Basis C Independence and Impartiality of the Court D Scope of Review of the Court E Right of Access to a Court F Appreciation 18 Guarantees of a Fair Trial (Article 6 of the Convention) - III Public Nature and Length of the Proceedings A Public Nature of the Proceedings B Reasonable Length of the Proceedings C Appreciation 19 Guarantees of a Fair Trial (Article 6 of the Convention) - IV Fairness of the Proceedings
  • Rights of the Defence A Introduction B "Fourth Instance" and Article 6 C Fairness of the Proceedings (Article 6 1) D Presumption of Innocence (Article 6 2) E Specific Rights of the Accused (Article 6 3) F Expulsion and Extradition G Appreciation 20 No Punishment without Law (Article 7 of the Convention) A Introduction B Content and Scope of Article 7 C Offences Under International Law D Procedural Law E Nuremberg Trials (Article 7 2) F Appreciation 21 Preliminary Remarks on Articles 8 to 11: Justification of Interferences according to Their Respective Paragraph 2 A Introduction B Determining an Interference and Its Consequences C Requirement of a Legal Basis D Legitimate Aim of the Interference E Necessity of the Measure 22 Right to Respect for Private and Family Life, for Home and Correspondence A Introduction B Right to Respect for Private Life C Right to Respect for Family Life D Separation of Family after Expulsion E Right to Respect for One's Home F Right to Respect for One's Correspondence G Appreciation 23 Freedom of Thought, Conscience and Religion (Article 9 of the Convention) A Introduction B Individual Freedom of Religion According to Article 9 1 C Justification of Interference according to Article 9 2 D Constitutive-Institutional Functions E Overview of Case-Law F Appreciation 24 Freedom of Expression (Article 10 of the Convention) A Introduction B Expression of One's Views and Ideas C Freedom of Art and Science D Freedom of Information E Freedom of the Press F Internet G Freedom of Radio and Television H Appreciation 25 Freedom of Assembly and Association (Article 11 of the Convention) A Introduction B Freedom of Assembly and Demonstration C Freedom of Association D Right to Form and Join Trade Unions E Restrictions on Members of the Armed Forces, the Police, and the State Administration (Article 11 2, Second Sentence) F Appreciation 26 Right to Marry (Article 12 of the Convention) A Introduction B Scope of Application C Guarantees D Appreciation 27 Right to an Effective Remedy (Article 13 of the Convention) A Introduction B Accessory Nature with Regard to Other Guarantees Laid Down in the Convention and Its Protocols C "Arguable Claim" Precondition D Compliance with Article 13 in Domestic Proceedings E Appreciation 28 Prohibition of Discrimination (Article 14 of the Convention) A Introduction B Reference to Other Provisions of the Convention and Its Protocols C Discrimination D Grounds of Justification E Appreciation Part 5: Substantive Guarantees of the Protocols to the Convention 29 Guarantees of the (1st) Additional Protocol A Introduction B Protection of Property (Article 1 of the Additional Protocol) C Right to Education (Article 2 of the Additional Protocol) D Right to Free Elections (Article 3 of the Additional Protocol) 30 Guarantees of the 4th Protocol A Introduction B Prohibition of Imprisonment for Debt (Article 1) C Freedom of Movement (Article 2) D Prohibition of Expulsion of Nationals (Article 3) E Prohibition of Collective Expulsion of Foreigners (Article 4) 31 Prohibition of the Death Penalty (6th and 13th Protocols) A Abolition of the Death Penalty (6th Protocol) B Abolition of the Death Penalty in Time of War (13th Protocol) C Appreciation 32 Guarantees of the 7th Protocol A Introduction B Procedural Safeguards Relating to Expulsion of Aliens (Article 1) C Right of Appeal in Criminal Matters (Article 2) D Compensation for Wrongful Conviction (Article 3) E Right Not to Be Punished Twice - ne bis in idem (Article 4) F Equality between Spouses (Article 5) 33 General Prohibition of Discrimination (12th Protocol) A Overview B Interpretation C Appreciation Part 6 34 Qualifications of the Substantive Rights of the Convention and Its Protocols (Article 15-18) A Introduction B Derogation in Times of Emergency (Article 15) C Restrictions on the Political Activity of Foreigners (Article 16) D Prohibition of the Abuse of Rights (Article 17) E Limitations on the Use of Restrictions on Rights (Article 18) Conclusions Annex - Texts of the Convention and Its Protocols Index

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