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In Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law , Dr. Jill E.B. Coster van Voorhout, LL.M, MSc examines the extent to which ineffective legal assistance and its redress for the accused in the Netherlands abide by minimum guarantees set by the European Court on Human Rights regarding the right to an effective defence in a fair trial. Coster van Voorhout demonstrates convincingly that, currently, Dutch law and case law do not fully guarantee the right to effective legal assistance and related minimum guarantees. This book offers recommendations as to how redress for ineffective legal assistance could better conform to the relevant ECHR standards.
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Freedom of expression --- Liberté d'expression --- Libel and slander --- Diffamation --- European Court of Human Rights.
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"In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role, and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption's lecture, 'The Limits of the Law', and, spurred on by this, the contributors discuss questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial chapter engaging with the responses to his lecture."--Bloomsbury Publishing.
European Court of Human Rights --- Judge-made law --- Judicial power --- Political questions and judicial power --- Sumption, Jonathan.
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Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law
Legal certainty --- Proportionality in law --- Rule of law --- Transparency in government --- Law and legislation --- European Court of Human Rights. --- European Union.
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The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
Human rights --- European Court of Human Rights --- Rules and practice --- Legislative bodies --- International and municipal law --- Judgments --- Human rights. --- International and municipal law. --- Judgments. --- Legislative bodies. --- Menschenrecht. --- Parlament. --- Transformation. --- European Court of Human Rights. --- Europäischer Gerichtshof für Menschenrechte. --- Europe. --- Human rights - Europe
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On 13 February 2015 a Seminar took place in the European Court of Human Rights in Strasbourg entitled "The right to Life: Twenty Years of Legal Developments since McCann v. the United Kingdom". The Seminar was to celebrate the work and achievements of the Court's Deputy Registrar, Michael O'Boyle, on the occasion of his retirement. This volume contains the submissions made during and after the Seminar, and the order of inclusion of the submissions is based on the three working sessions of the Seminar.
Right to life --- Right to life. --- Targeted killing (International law) --- Targeted killing (International law). --- Targeted killing --- Targeted killing. --- European Court of Human Rights --- European Court of Human Rights. --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Convention for the Protection of Human Rights and Fundamental Freedoms. --- Europe.
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Criminal law --- Victims of crimes --- Dignity. --- Consent (Law) --- Human rights --- Droit pénal --- Victimes d'actes criminels --- Dignité --- Consentement (Droit) --- Droits de l'homme (Droit international) --- European Court of Human Rights.
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For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored, especially cross-nationally.Far from focusing exclusively on those voices that are currently raised so loud, conclusions are based on comparative in-depth reports, covering fifteen Contracting Parties and the EU.With contributions of Olgun Akbulut, Tilmann Altwicker, Katarzyna Blay-Grabarczyk, Anna Gamper, Janneke Gerards, Krystyna Kowalik-Banczyk, Sarah Lambrecht, Koen Lemmens, Lubomir Majercík, Giuseppe Martinico, Roger Masterman, Aaron Matta, Christophe Maubernard, Armen Mazmanyan, Katharina Pabel, Eszter Polgári, Patricia Popelier, Clara Rauchegger, Michael Reiertsen and Henrik Wenander.
Human rights --- European law --- European Court of Human Rights --- Droits de l'homme (droit international) --- Droit international et droit interne --- Cour européenne des droits de l'homme --- Conseil de l'Europe. --- Europees recht --- Fundamentele rechten en vrijheden --- Europees Hof van de Rechten van de Mens --- Droit international et droit interne. --- Autriche --- Belgique --- République tchèque --- Allemagne --- Pays-Bas --- Suisse --- Royaume-Uni --- Italie --- Pologne --- Suède --- Hongrie --- Norvège --- Turquie --- Russie --- Cour européenne des droits de l'homme. --- Civil rights --- European Court of Human Rights. --- Europe.
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