The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights
Title | The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights PDF eBook |
Author | Stephanos Stavros |
Publisher | BRILL |
Pages | 404 |
Release | 2021-09-27 |
Genre | Law |
ISBN | 9004481869 |
In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
Human rights and criminal procedure
Title | Human rights and criminal procedure PDF eBook |
Author | Jeremy McBride |
Publisher | Council of Europe |
Pages | 529 |
Release | 2018-06-18 |
Genre | Political Science |
ISBN | 928718741X |
A 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.
Shaping Rights in the ECHR
Title | Shaping Rights in the ECHR PDF eBook |
Author | Eva Brems |
Publisher | Cambridge University Press |
Pages | 379 |
Release | 2014-01-23 |
Genre | Political Science |
ISBN | 1107729696 |
In 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.
Introduction to the European Convention on Human Rights
Title | Introduction to the European Convention on Human Rights PDF eBook |
Author | Jean-François Renucci |
Publisher | Council of Europe |
Pages | 132 |
Release | 2005-01-01 |
Genre | Law |
ISBN | 9789287157157 |
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.
INTERNAT COVENANT CIVIL POL RIGHTS 3E C
Title | INTERNAT COVENANT CIVIL POL RIGHTS 3E C PDF eBook |
Author | Sarah Joseph |
Publisher | OUP Oxford |
Pages | 1042 |
Release | 2013-07-25 |
Genre | Law |
ISBN | 0191650234 |
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
The Right to a Fair Trial in International Law
Title | The Right to a Fair Trial in International Law PDF eBook |
Author | Amal Clooney |
Publisher | Oxford University Press, USA |
Pages | 1057 |
Release | 2021-02-11 |
Genre | Law |
ISBN | 0198808399 |
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Jurisprudence of the International Criminal Courts and the European Court of Human Rights
Title | Jurisprudence of the International Criminal Courts and the European Court of Human Rights PDF eBook |
Author | Vladimir Tochilovsky |
Publisher | Martinus Nijhoff Publishers |
Pages | 937 |
Release | 2008 |
Genre | Law |
ISBN | 9004163387 |
The book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia and Rwanda, Special Court for Sierra Leone, the International Criminal Court, and the European Court of Human Rights on procedural and evidential matters.