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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.

    • 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.
    •    
    • Author/Creator:Leach, Philip, author.
    • Published/Created:New York, NY : Oxford University Press, 2017.
    • Holdings

       
    • Library of Congress Subjects:European Court of Human Rights--Rules and practice.
      Civil rights--Europe.
    • Edition:Fourth edition.
    • Description:xciv, 699 pages : forms ; 26 cm
    • Notes:Includes bibliographical references and index.
    • ISBN:9780198755425 (hbk)
      0198755422 (hbk)
    • 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).
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