Taking a Case to the European Court of Human Rights

Overview

This book, written by an experienced human rights practitioner, provides practical and accessible advice and guidance about taking cases to the European Court of Human Rights. It incorporates a step by step approach to the litigation process which covers areas such as lodging the initial application, legal aid, costs, interim measures, friendly settlement, third party intervention, just satisfaction, enforcement of judgments, and Grand Chamber referrals. It gives guidance on drafting pleadings (with precedents ...
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Overview

This book, written by an experienced human rights practitioner, provides practical and accessible advice and guidance about taking cases to the European Court of Human Rights. It incorporates a step by step approach to the litigation process which covers areas such as lodging the initial application, legal aid, costs, interim measures, friendly settlement, third party intervention, just satisfaction, enforcement of judgments, and Grand Chamber referrals. It gives guidance on drafting pleadings (with precedents included) and on tackling admissibility, fact-finding, and merits hearings before the Court.

The Court's admissibility criteria, a critical aspect of the Convention system, are dealt with in depth, and a comprehensive set of Court forms and other precedents are included in the appendices.

An explanation of the key principles underlying the European Convention on Human Rights precedes a concise and up to date Article by Article analysis of the substantive law of the European Convention, including derogation, reservation, and damages (with a table of illustrative damages awards in recent cases).

This second edition incorporates key substantive case law developments since 2001, commentary and guidance on the amended Court rules, and new practice directions and recent changes in the Court's processing of cases.

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Product Details

  • ISBN-13: 9780199275281
  • Publisher: Blackstone Press
  • Publication date: 3/15/2005
  • Series: Blackstone's Human Rights Series
  • Edition description: REV
  • Edition number: 2
  • Pages: 854
  • Product dimensions: 8.70 (w) x 6.00 (h) x 1.90 (d)

Meet the Author

Philip Leach is a solicitor and Professor of Human Rights at London Metropolitan University. He is the Director of the European Human Rights Advocacy Centre (EHRAC), based at London Metropolitan University. He is a member of the Editorial Board of European Human Rights Law Review and, in 2009, was appointed to the Independent Advisory Panel on Deaths in Custody.

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Table of Contents

Foreword
1 Introduction : the Council of Europe and the European convention on human rights 1
2 Practice and procedure of the European Court : pre-admissibility 19
3 Practice and procedure of the European Court : post-admissibility 62
4 Practice and procedure of the European Court : judgment and enforcement 88
5 Admissibility criteria 113
6 Underlying convention principles 161
7 The substantive rights of the European convention 179
8 Derogation and reservation 389
9 Just satisfaction (article 41) 397
10 Strengthening the prohibition of discrimination : protocol no. 12 456
11 Case study : Peck v UK 459
12 Sources of information on the European convention on human rights 465
App. 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) 471
App. 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 503
App. 3 Rules of court (including practice directions) (November 2003) 511
App. 4 Application form 564
App. 5 Form of authority 572
App. 6 Court acknowledgment letter 574
App. 7 Rule 36 form of appointment of representative 576
App. 8 Declaration of applicant's means 579
App. 9 Committee decision letter 581
App. 10 Legal aid rates (applicable as from 1 February 2005) 583
App. 11 National authorities competent to certify the indigence of applicants for the purposes of rule 93 of chapter X of the rules of court 584
App. 12 Notes for the guidance of persons appearing at hearings before the European Court of Human Rights 587
App. 13 Table of dates of entry into force of the convention and its protocols 590
App. 14 Composition of the court (and sections) 592
App. 15 Rules adopted by the committee of ministers for the application of article 46, paragraph 2 of the European convention on human rights, 10 January 2001 595
App. 16 European agreement relating to persons participating in proceedings of the European Court of Human Rights, 5 March 1996 598
App. 17 Conditional fee agreement (England & Wales) 603
App. 18 Vienna convention on the law of treaties (articles 31-33) 610
App. 19 Recommendation no. R(2000)2 of the committee of ministers on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights, 19 January 2000 612
App. 20 Resolution Res(2004)3 of the committee of ministers on judgments revealing an underlying systemic problem, 12 May 2004 614
App. 21 Recommendation Rec(2004)6 of the committee of ministers to member states on the improvement of domestic remedies, 12 May 2004 616
App. 22 Peck v UK : application under article 34, 17 November 1998 624
App. 23 Peck v UK : government's observations on the admissibility and merits, 29 February 2000 649
App. 24 Peck v UK : applicant's further observations, 18 May 2000 677
App. 25 Third party intervention of the International Commission of Jurists (ICJ) in Mamatkulov and Abdurasulovic v Turkey 693
App. 26 Third party intervention of liberty and the trades union congress in Wilson, national union of journalists and others v UK, 5 January 2001 704
App. 27 Third party intervention of liberty in Goodwin v UK, I v UK, 16 January 2002 716
App. 28 Third party intervention of ILGA-EUROPE, liberty and Stonewall in Karner v Austria, 12 March 2002 729
App. 29 Third party intervention of OSCE mission to Bosnia and Herzegovina in Blecic v Croatia 742
App. 30 Third party intervention of interights in MC v Bulgaria, 12 April 2003 759
App. 31 Yoyler v Turkey : applicant's map of his village (used during the fact-finding hearing) 770
App. 32 Kalashnikov v Russia : committee of ministers interim resolution ResDH(2003)123, 4 June 2003 772
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