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Human rights --- internationaal recht --- European Court of Human Rights --- Fair trial --- Procès équitable --- Procédure (droit) --- Procès équitable. --- Cour européenne des droits de l'homme.

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The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.

European law --- European Union --- Droits de l'homme --- Assurance de protection juridique --- Accès à la justice --- Jurisprudence --- Procès équitable --- Fair trial --- Human rights --- Union européenne --- Accès à la justice --- Procès équitable --- Union européenne

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Since the first edition of Theory and Practice of the European Convention on Human Rights forty years ago, this book has become the leading reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights.With Protocol No. 14 entering into force on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new edition of Theory and Practice of the European Convention on Human Rights was thus very much needed. This fifth edition is again an accessible, easy-to-use, complete and up-to-date reference book, which provides an essential source of information for the practitioners, theorists and students in the field of human rights.With contributions by Yutaka Arai, Sjoerd Bakker, Tom Barkhuysen, Hemme Battjes, Maya Beeler-Sigron, Edwin Bleichrodt, Hansko Broeksteeg, Antoine Buyse, Karin de Vries, Masha Fedorova, Cees Flinterman, Janneke Gerards, Yves Haeck, Clara Burbano Herrera, Oswald Jansen, Laurens Lavrysen, Koen Lemmens, Joachim Meese, Stefan Sottiaux, Frederik Swennen, Bas van Bockel, Michiel van Emmerik, Arjen van Rijn, Marjolein van Roosmalen, Ben Vermeulen, Cornelis Wouters and Leo Zwaak.‘Since its first publication in 1978, van Dijk and van Hoof’s Theory and Practice of the European Convention on Human Rights has been an indispensable reference guide to the functioning of the Strasbourg based European human rights system. Although the 5th edition, for the first time, no longer counts on the contributions of van Dijk and van Hoof, it brings up to date the evolution of the system during the 11 years since the 4th edition, through the contributions of an impressive array of primarily Dutch and Belgian lawyers. Some of the important new developments of the Court are the declaration of state responsibility for extra-territorial violations of human rights (Al-Skeini), i.e. responsibility for violations outside European territory and the entry into force of Protocol No. 14.’Christina M. Cerna, Adjunct Professor of Law (Georgetown University) and Principal Human Rights Specialist, Inter-American Commission on Human Rights (retired)‘After more than ten years, the fifth edition of this well-established handbook is good news as developments move on particularly quickly in the field of the jurisprudence of the European Court of Human Rights. The impressive group of distinguished authors combined with the skillful design of the book by its editors make it an essential contribution to the study of the European Convention on Human Rights and an indispensable tool for interested academics and practitioners.’

Human rights --- Europe --- Droits de l'homme (Droit international) --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Convention de sauvegarde des droits de l'homme et des libertés fondamentales --- Civil rights --- -Cases --- Systèmes juridiques nationaux. --- Corps humain --- Esclavage. --- Liberté. --- Sécurité humaine. --- Procès équitable. --- Vie privée --- Liberté de pensée. --- Liberté d'expression. --- Liberté d'association. --- Mariage. --- Famille. --- Droit à l'éducation. --- Vote. --- Peine de mort. --- Étrangers (droit) --- Discrimination. --- Droit. --- Protection.