Immunities and the right of access to court under Article 6 of the European Convention on Human Rights / by Matthias Kloth.

Includes bibliographical references and index.

Part I: Introduction -- I. The scope and objective of this work -- II. The right of access to court under Article 6 (1) of the Convention: the case of Golder v. the United Kingdom -- III. The meaning of civil rights and obligations -- 1. The civil character of a right under Article 6 (1) -- 2. Civil rights regarding employment disputes in foreign embassies or international organisations -- a) The case-law of the Court -- b) Conclusion -- 3. The meaning of the term right -- IV. The Ashingdane Test -- 1. Legitimate Aim -- 2. Proportionality -- a) The margin of appreciation -- b) A margin of appreciation regarding the application of public international law? -- 3. The very essence of the right -- 4. Conclusion -- Part II: International Immunities -- I. State Immunity -- 1. State Immunity in public international law -- a) Absolute and restrictive immunity -- b) State immunity in international and national law -- 2. State immunity and the jurisdiction of the forum State (Article 1 of the Convention) -- 3. State immunity in the recent Convention case-law -- 4. Alternative approaches to the conflict between State immunity and Article 6 (1) of the Convention -- a) The equality of arms-argument and the role of alternative remedies -- b) The comments of Judge Ress in his concurring opinion in the case of Bosphorus Airways v. Ireland -- c) Judge Loucaides approach: every blanket immunity is a disproportionate restriction on Article 6 (1) of the Convention -- 5. State immunity in employment-related proceedings and Article 6 (1) of the Convention -- a) The case of Fogarty v. the United Kingdom -- 6. The personal injury exception and Article 6 (1) of the Convention: the case of McElhinney v. Ireland -- a) Domestic legislation and State practice regarding the personal injury exception -- b) International instruments and the personal injury exception -- c) The restrictive interpretation of the personal injury exception (insurable personal injury) -- d) Acts of the armed forces of the foreign State and the personal injury exception -- e) Discussion of the judgment -- f) Conclusion -- 7. State immunity for serious human rights violations and its compatibility with Article 6 (1) of the Convention -- a) Practice outside of Europe -- b) Conclusion -- c) The case of Al-Adsani v. the United Kingdom -- d) Does the UN Torture Convention restrict State immunity in civil proceedings? -- e) Developments since the Al-Adsani judgment -- f) Conclusion -- 8. The responsibility under the Convention of the foreign State which successfully invokes immunity in the proceedings before the courts of the forum State -- II. Immunity from execution and the right to enforce a judgment under Article 6(1) of the Convention -- 1. The right to execute a judgment -- 2. Immunity from execution -- 3. Case-law of the Court -- a) The case of Kalageropoulou and Others v. Greece and Germany -- b) The case of Treska v. Albania and Italy -- c) The case of Manoilescu and Dobrescu v. Romania and Russia -- d) The case-law of the Commission: the case of N, C, F and AG v. Italy -- e) Immunity from execution and State agencies: the case of Hirschhorn v. Romania -- f) Conclusion -- 4. Jus cogens and the right to enforcement of a judgment -- III. Immunities of Heads of State, foreign ministers, diplomats and other State officials -- 1.

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. a oeDomestic immunitiesa oe of Members of Parliament, judges, the police or the social services have likewise conflicted.

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