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Europe of rights : a compendium of the European Convention of Human Rights / edited by Javier García Roca, Pablo Santolaya.

Contributor(s): Material type: TextTextLanguage: English Original language: Spanish Publication details: Leiden : BRILL, 2012.Description: 1 online resource (690 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789004219915
  • 9004219919
Subject(s): Genre/Form: Additional physical formats: Print version:: Europe of Rights: A Compendium on the European Convention of Human Rights.DDC classification:
  • 341.4/8094 23
LOC classification:
  • KJC5132.A4195 E8513 2012
Online resources:
Contents:
Europe of Rights: A Compendium on the European Convention of Human Rights; Copyright; Conents; List of Contributors; Preface to the English Edition; I The Preamble, The Convention's Hermeneutic Context: A Constitutional Instrument of European Public Order; II The Scope of Obligations under the European Convention on Human Rights (Art. 1); III Legal Protection of Life: Transformation and Expansion (Art. 2 ECHR and Protocols 6 and 13); IV Treatment Proscribed under Article 3 of the European Convention on Human Rights.
V Prohibition of Slavery and Forced Labour: An Example of Integration of International Treaties (Commentary on Article 4)VI European Convention Protection of the Right to Liberty and Security: A Minimum European Standard (Art. 5 ECHR); VII Initial Approach to the Right to a Fair Trial and to the Demands of Article 6.1 ECHR, in Particular, the Right of Access to a Court (Art. 6 ECHR); VIII The Right to a Double Degree of Jurisdiction in Criminal Offences (Art. 2 P7).
IX "Reasonable Time" in the Administration of Justice: A Requirement of the European Convention of Human Rights (Art 6.1 ECHR)X The Right to a Public Hearing: A Guarantee Downplayed by the Strasbourg Court (Art. 6.1 ECHR); XI The Right to an Independent and Impartial Tribunal (Art. 6.1 ECHR): A Specific Minimum Standards Guarantee Rather than a Rule of Justice; XII An Extensive but Not Very Stringent Presumption of Innocence (Art. 6.2 ECHR); XIII Requirements in Relation to the Right to a Defence: The Right to Defend Oneself, to Legal Assistance and Legal Aid (Art. 6.3.C ECHR).
XIV Requirements in Relation to Witness Examination under Article 6.3 D) ECHRXV The Right to be Informed of the Charge (Article 6.3 A) ECHR; XVI The Right to be Compensated for Miscarriage of Justice (Article 3, Protocol 7); XVII The Weakened Concept of the European Principle of Criminal Legality (Art. 7 ECHR and P7-4); XVIII The Right to a Private and Family Life (Notably Extended Right to Privacy) (Art. 8 ECHR); XIX Freedom of Thought, Conscience and Religion (Art. 9 ECHR); XX The Right to Freedom of Expression in a Democratic Society (Art. 10 ECHR).
XXI Freedom of Assembly and Association (Art. 11 ECHR): Some Hesitations on a Path of Firm ProtectionXXII The Right to Marry (Art. 12 ECHR); XXIII The Right to an Effective Remedy Before a National Authority Problems of Interpretation (Art. 13 ECHR); XXIV The Prohibition on Discrimination: New Content (Art. 14 ECHR and Protocol 12); XXV Suspending Guarantees of the European Convention on Human Rights (Art. 15); XXVI Restrictions on the Political Activity of Aliens under Article 16 ECHR; XXVII Abuse of Fundamental Rights and Defence of Democracy (Art. 17 ECHR).
Summary: This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflec.
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Europe of Rights: A Compendium on the European Convention of Human Rights; Copyright; Conents; List of Contributors; Preface to the English Edition; I The Preamble, The Convention's Hermeneutic Context: A Constitutional Instrument of European Public Order; II The Scope of Obligations under the European Convention on Human Rights (Art. 1); III Legal Protection of Life: Transformation and Expansion (Art. 2 ECHR and Protocols 6 and 13); IV Treatment Proscribed under Article 3 of the European Convention on Human Rights.

V Prohibition of Slavery and Forced Labour: An Example of Integration of International Treaties (Commentary on Article 4)VI European Convention Protection of the Right to Liberty and Security: A Minimum European Standard (Art. 5 ECHR); VII Initial Approach to the Right to a Fair Trial and to the Demands of Article 6.1 ECHR, in Particular, the Right of Access to a Court (Art. 6 ECHR); VIII The Right to a Double Degree of Jurisdiction in Criminal Offences (Art. 2 P7).

IX "Reasonable Time" in the Administration of Justice: A Requirement of the European Convention of Human Rights (Art 6.1 ECHR)X The Right to a Public Hearing: A Guarantee Downplayed by the Strasbourg Court (Art. 6.1 ECHR); XI The Right to an Independent and Impartial Tribunal (Art. 6.1 ECHR): A Specific Minimum Standards Guarantee Rather than a Rule of Justice; XII An Extensive but Not Very Stringent Presumption of Innocence (Art. 6.2 ECHR); XIII Requirements in Relation to the Right to a Defence: The Right to Defend Oneself, to Legal Assistance and Legal Aid (Art. 6.3.C ECHR).

XIV Requirements in Relation to Witness Examination under Article 6.3 D) ECHRXV The Right to be Informed of the Charge (Article 6.3 A) ECHR; XVI The Right to be Compensated for Miscarriage of Justice (Article 3, Protocol 7); XVII The Weakened Concept of the European Principle of Criminal Legality (Art. 7 ECHR and P7-4); XVIII The Right to a Private and Family Life (Notably Extended Right to Privacy) (Art. 8 ECHR); XIX Freedom of Thought, Conscience and Religion (Art. 9 ECHR); XX The Right to Freedom of Expression in a Democratic Society (Art. 10 ECHR).

XXI Freedom of Assembly and Association (Art. 11 ECHR): Some Hesitations on a Path of Firm ProtectionXXII The Right to Marry (Art. 12 ECHR); XXIII The Right to an Effective Remedy Before a National Authority Problems of Interpretation (Art. 13 ECHR); XXIV The Prohibition on Discrimination: New Content (Art. 14 ECHR and Protocol 12); XXV Suspending Guarantees of the European Convention on Human Rights (Art. 15); XXVI Restrictions on the Political Activity of Aliens under Article 16 ECHR; XXVII Abuse of Fundamental Rights and Defence of Democracy (Art. 17 ECHR).

XXVIII Limiting Restrictions on Rights. Art. 18 ECHR (A Generic Limit on Limits According to Purpose).

This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflec.

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