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The conflict between immunities and the right of access to court under Article 6 of the European Convention on Human Rights remains one of the most interesting problems in the current Strasbourg jurisprudence. The European Court of Human Rights had to rule repeatedly on interferences with the right of access by State immunity or the immunity of international organisations. It is here that human rights law and public international law are directly conflicting with each other. “Domestic immunities“ of Members of Parliament, judges, the police or the social services have likewise conflicted with the Convention. This book is the first comprehensive work which covers all kinds of immunities and which discusses the entire case-law of the European Court of Human Rights on the matter.

Due process of law --- Convention for the Protection of Human Rights and Fundamental Freedoms

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Professor Grabenwarter's commentary deals with the European Convention on Human Rights systematically, article by article, considering the development and scope of each article, together with the relevant case-law and literature.

Human rights --- European law --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Human rights - Europe

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Civil rights --- Human rights --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Civil rights - Europe --- Human rights - Europe

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The foremost guide to this complex area of the law, The Practitioner’s Guide to the European Convention on Human Rights provides an exhaustive reference for practitioners and academics. It offers unrivalled depth of analysis into the case law of the European Court of Human Right. Building on the excellence of previous editions, the 7th edition focuses on the considerable body of new case law that has emerged since the previous edition. Students and practitioners will find comprehensive and practical case law illustrations in relation to every point and an unparalleled analysis of Convention authority.Key Features:Provides a fully updated text covering both the key procedural matters and points of principle established in recent case lawIdentifies problem areas with the Convention and offers possible solutions.Provides a full explanation of the principles of the European Convention on Human Rights as well as the European Court’s approach to those principlesIncludes detailed summaries of relevant case law on subjects ranging from Forced Labour to Mental Health and the impact those decisions have on those practising at the European Court, with reference to the relevant article of the European Convention and a list of key case lawGives step-by-step advice on successfully preparing and bringing a case before the European Court of Human RightsHighlights remedies and damages that can be expected in a detailed section dealing with just satisfaction awardsContains all tools and materials relevant to practitioners preparing and bringing cases before the European Court of Human Rights including: The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms: Dates of entry into force; Article 63 declaration; Application form and explanatory note; Legal aid rates and Practice directionsThere are also updated versions of Chapter 1 ‘Procedure’ and Chapter 2 ‘Admissibility checklist’ which covers procedural changes and admissibility criteria including the changes from a six-month to a four-month time-limit with Protocol No. 15 and the new procedure for Advisory Opinions.

Human rights --- European Court of Human Rights --- Convention for the Protection of Human Rights and Fundamental Freedoms

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The concept of positive obligations is familiar to various legal systems which seek to protect fundamental rights. This concept means that states are required to take active measures to protect fundamental rights, such as, for example, adopting a general legal framework to regulate same-sex relationships in order to ensure protection of the right to private life. In Europe, positive obligations have, in particular, been developed in the case-law of the European Court of Human Rights (ECtHR) from the 1970s onwards. The ECtHR has explained that positive obligations are necessary to ensure that fundamental rights are of practical value and effective for everyone.The ECtHR is not the only supranational court in Europe that protects fundamental rights. The Court of Justice of the European Union (ECJ) also protects fundamental rights within the scope of EU law. So far, no concept of positive obligations has been developed by this Court, and the question has been asked whether such a development can indeed occur under EU law. After all, the EU is a rather special international organisation which has specific, mainly economic, interests to protect. It is also unclear whether the EU has competence to undertake regulatory action to actively protect fundamental rights.Based on the insights obtained from the development of positive obligations by the ECtHR, this volume analyses whether and how positive obligations could be incorporated into EU law. The relevant provisions laid down in the EU Treaties and the EU Charter, the case-law of the ECJ and the specificities of the EU system are studied to find out where there is scope for recognition of the concept of positive obligations under EU law, and what limitations would apply to this.

Human rights --- European Union --- Droits de l'homme (droit européen) --- European Court of Human Rights. --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Droits de l'homme (Droit international) --- Obligations (Law)