New to this edition
Updated table of damages awards in recent cases
Up to date Court forms and precedent pleadings
Fully revised and expanded chapter on substantive law
Expanded and revised section on the enforcement of judgments
Commentary and analysis of further proposed reforms of the European Court
This book offers accessible coverage of the practice and procedure of the European Court of Human Rights. It provides in-depth guidance on the Court procedure and includes a concise up-to-date analysis of the substantive law of the European Convention on Human Rights.
Contents
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
Updated table of damages awards in recent cases
Up to date Court forms and precedent pleadings
Fully revised and expanded chapter on substantive law
Expanded and revised section on the enforcement of judgments
Commentary and analysis of further proposed reforms of the European Court
This book offers accessible coverage of the practice and procedure of the European Court of Human Rights. It provides in-depth guidance on the Court procedure and includes a concise up-to-date analysis of the substantive law of the European Convention on Human Rights.
Contents
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