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Taking a case to the European Court of Human Rights / Philip Leach, Professor of Human Rights Law, Middlesex University, Solicitor, Director, European Human Rights Advocacy Centre (EHRAC) ; with a foreword by Nicolas Bratza.
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Title:Taking a case to the European Court of Human Rights / Philip Leach, Professor of Human Rights Law, Middlesex University, Solicitor, Director, European Human Rights Advocacy Centre (EHRAC) ; with a foreword by Nicolas Bratza.
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Author/Creator:Leach, Philip, author.
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Published/Created:New York, NY : Oxford University Press, 2017.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KJC5138 .L43 2017
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:European Court of Human Rights--Rules and practice.
Civil rights--Europe.
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Edition:Fourth edition.
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Description:xciv, 699 pages : forms ; 26 cm
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Notes:Includes bibliographical references and index.
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ISBN:9780198755425 (hbk)
0198755422 (hbk)
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Contents:Machine generated contents note: 1. Introduction
-The Council of Europe and the European Convention on Human Rights
Council of Europe: Origins and Principal Bodies
European Convention on Human Rights
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?
When Inadmissibility Arguments can be Raised and Decided
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
Democratic Society
Legal Certainty
Proportionality
Margin of Appreciation
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 Preparatoires
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
Effective Exercise of the Right of Application
Duty to furnish all necessary facilities (Article 38
-former Article 38(1)(a))
6. Substantive Rights of the European Convention
Article 1 Obligation to Respect Human Rights
Article 2 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 Right to a Fair Hearing
Article 7 No Punishment Without Law
Overview of Articles 8 to 11
Article 8 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 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).