Taking a Case to the European Court of Human Rights

by Philip Leach

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.

Product Details

ISBN-13:	9780192528582
Publisher:	OUP Oxford
Publication date:	07/07/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	736
File size:	4 MB

About the Author

Philip Leach, Solicitor, Professor, Solicitor, Professor of Human Rights Law, and Director of the European Human Rights Advocacy Centre (EHRAC) at Middlesex University.

Philip Leach is Professor of Human Rights Law at Middlesex University, a solicitor, and Director of the European Human Rights Advocacy Centre (EHRAC). He publishes widely in the field of international human rights law, and has extensive experience of representing applicants before the European Court of Human Rights. He was a member of the Independent Advisory Panel on Deaths in Custody from 2009-2015 and a member of the Harris Review (2014-2015). He is a member of the Advisory Board of the Open Society Justice Initiative.

Table of Contents

1. Introduction - The Council of Europe and the European Convention on Human Rights
2. Practice and Procedure of the European Court: The Pre Judgement Phase
3. Practice and Procedure of the European Court: Judgment and Enforcement
4. Standing and Admissibility Criteria
5. Underlying Convention Principles
6. The Substantive Rights of the European Convention
7. Derogation and Reservation
8. Just Satisfaction (Article 41)
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
APPENDIX 3 - Protocol No. 16
APPENDIX 4 - The 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)