
Taking a Case to the European Court of Human Rights
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Content
- Cover
- Half-Title
- Taking a Case to the European Court of Human Rights
- Copyright
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of International Instruments
- Table of National Legislation
- Table of Rules of Court
- 1. Introduction-?The Council of Europe and the European Convention on Human Rights
- The Council of Europe: Origins and Principal Bodies
- The European Convention on Human Rights
- The European Court of Human Rights
- 2. Practice and Procedure of the European Court-? The Pre-?judgment Phase
- Lodging the Application with the Court
- Costs, Legal Aid and Fees
- Getting Assistance
- Opening of the Case File and Initial Stages
- Procedure before a Single Judge, Committee or Chamber
- Third Party Intervention
- Establishing the Facts
- Friendly Settlement
- Striking Out (and Unilateral Declarations)
- Submissions Post-?admissibility
- Oral Hearing
- 3. Practice and Procedure of the European Court-?Judgment and Enforcement
- Delivery of Judgment
- Referral to the Grand Chamber
- Interpretation of Judgment
- Revision of Judgment
- Enforcement of Judgments
- 4. Standing and Admissibility Criteria
- Introduction
- Capacity and Standing-?Who May Petition the Court?
- Who Can Claim to be a Victim?
- Exhaustion of Domestic Remedies
- Six-?Month Time Limit
- No Significant Disadvantage
- Anonymous Applications
- Applications Substantially the Same as a Matter That Has Already Been Examined by the Court
- Applications Already Submitted to Another Procedure of International Investigation or Settlement
- Incompatibility with the Provisions of the Convention
- Manifestly Ill-?founded
- Abuse of the Right of Application
- 5. Underlying Convention Principles
- Introduction
- Subsidiarity
- A Democratic Society
- Legal Certainty
- Proportionality
- Margin of Appreciation
- The Convention as a 'Living Instrument'
- Absence of Doctrine of Precedent
- Practical and Effective Rights
- Autonomous Concepts
- Positive Obligations
- Restrictions on Rights
- Prohibition of Abuse of Rights
- Interpretation of the Scope of Substantive Rights
- Irrelevance of a State's Resources
- Interpretation in Accordance with the Vienna Convention
- Interpretation in Accordance with International Law
- Interpretation in the Light of the Travaux Préparatoires
- Issues Considered by the Court of its Own Motion
- Inability to Consider Cases in the Abstract
- Rules of Evidence and Burden of Proof
- Waiver of Convention Rights
- The Effective Exercise of the Right of Application
- 6. The Substantive Rights of the European Convention
- Article 1: Obligation to Respect Human Rights
- Article 2: The Right to Life
- Article 3: Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
- Article 4: Prohibition of Slavery and Forced Labour
- Article 5: Right to Liberty and Security of the Person
- Article 6: The Right to a Fair Hearing
- Article 7: No Punishment Without Law
- Overview of Articles 8 to 11
- Article 8: The Right to Respect for Private and Family Life, Home and Correspondence
- Article 9: Freedom of Thought, Conscience and Religion
- Article 10: Freedom of Expression
- Article 11: Freedom of Peaceful Assembly and Association
- Article 12: Right to Marry
- Article 13: Right to an Effective Remedy
- Article 14: Prohibition of Discrimination
- Article 1 of Protocol No. 1: Right of Property
- Article 2 of Protocol No. 1: Right to Education
- Article 3 of Protocol No. 1: Right to Free Elections
- Article 1 of Protocol No. 4: Prohibition of Imprisonment for Debt
- Article 2 of Protocol No. 4: Freedom of Movement
- Article 3 of Protocol No. 4: Prohibition of Expulsion of Nationals
- Article 4 of Protocol No. 4: Prohibition of Collective Expulsion of Aliens
- Articles 1 and 2 of Protocol No. 6
- Article 1 of Protocol No. 13: Abolition of the Death Penalty
- Article 1 of Protocol No. 7: Procedural Safeguards Relating to Expulsion of Aliens
- Article 2 of Protocol No. 7: Right of Appeal in Criminal Matters
- Article 3 of Protocol No. 7: Compensation for Wrongful Conviction
- Article 4 of Protocol No. 7: Right not to be Tried or Punished Twice
- Article 5 of Protocol No. 7: Equality Between Spouses
- Article 1 of Protocol No. 12: General Prohibition of Discrimination
- 7. Derogation and Reservation
- Derogation
- Reservation
- 8. Just Satisfaction (Article 41)
- Introduction
- Pecuniary and Non-?pecuniary Compensation
- Non-?pecuniary Measures of Redress
- Non-?implementation of Domestic Court Judgments
- Restitution of Property
- Costs and Expenses
- Appendices
- Appendix 1: Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14 (with Protocols Nos. 1, 4, 6, 7, 12 and 13)
- Appendix 2: Protocol No. 15 Amending the Convention on the Protection of Human Rights and Fundamental Freedoms
- Appendix 3: Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms
- Appendix 4: The Court's Priority Policy
- Appendix 5: Application Form
- Appendix 6: Form of Authority
- Appendix 7: Request for Legal Aid-?Declaration of Means
- Appendix 8: Legal Aid Rates (applicable since 2013)
- Appendix 9: National Authorities Competent to Certify the Indigence of Applicants for the Purposes of Rule 102 of Chapter XI of the Rules of Court
- Appendix 10: Dates of Entry into Force of the Convention and its Protocols
- Appendix 11: Composition of the Court (in order of precedence as at 12.9.16)
- Appendix 12: Rules of the Committee of Ministers for the Supervision of the Execution of Judgments and of the Terms of Friendly Settlements
- Appendix 13: European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights
- Appendix 14: Brussels Declaration (2015)
- Index
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