The European Court of Justice on the European Convention on Human Rights: Who Said What, When

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Overview

The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law.
For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration.
This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.

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Product Details

  • ISBN-13: 9789041104335
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 9/1/1998
  • Pages: 472

Table of Contents

Preface.
Introduction Summaries of Cases.
I. The European Convention on Human Rights in General.
II. Article 2: Right to Life.
III. Article 3: Freedom from Torture and Other Inhuman or Degrading Treatment or Punishment.
IV. Article 5: Right to Liberty and Security of Person.
V. Article 6: Right to a Fair and Public Hearing.
VI. Article 7: Freedom from Retrospective Effect of Penal Legislation.
VII. Article 8: Right to Respect for Privacy and Family Life.
VIII. Article 9: Freedom of Thought, Conscience and Religion.
IX. Article 10: Freedom of Expression.
X. Article 11: Freedom of Association and Assembly.
XI. Article 12: Right to Marry and to Found a Family.
XII. Article 13: Right to an Effective Remedy Before a National Authority.
XIII. Article 14: Prohibition of Discrimination.
XIV. Article 1 of 1st Protocol: Right to the Peaceful Enjoyment of One's Possessions.
XV. Article 2 of 4th Protocol: The Right to Liberty of Movement within the Territory of a Contracting State, to Choose One's Residence There, and to Leave it.
XVI. Article 3 of 4th Protocol: Prohibition of Expulsion of Nationals; the Right of the Nationals to be Admitted to their Own Country.
Bibliography.
Appendix:
Table of Cases by Article.
List of Cases by Type of Action.
Index.
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