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The Principle of Effectiveness and its Overarching Role in the Interpretation and Application of the European Convention on Human Rights (ECHR): The norm of all norms and the method of all methods

The Principle of Effectiveness and its Overarching Role in the Interpretation and Application of the European Convention on Human Rights (ECHR): The norm of all norms and the method of all methods

Author: Georgios A. Serghides Ph.D. mult
Publisher: Georgios A. Serghides
ISBN: 9789963931927
Published In: January 2022
Format: Hardback
Jurisdiction: France ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book explores the role of the principle of effectiveness (the “Principle”) in the interpretation and application of the ECHR. Part I undertakes an analytical examination of the Principle’s conceptual framework: raison d’être, capacities, formulations, and its historical and case-law development.

It is proposed that the Principle’s raison d’être – to render the Convention effective – is accomplished through the Principle’s two capacities, as a method of interpretation and as a norm of international law, as well as through its two sub-capacities, the doctrine of positive obligations and the living instrument doctrine, all of which the book examines in depth.

Part II delves into the Principle’s operational framework by demonstrating its polyvalent nature and action from two perspectives, having regard to its dual nature (harmonising and defensive) and its action at all stages of the procedure including the implementation of the Court’s judgments.

In an original manner, the book seeks to prove its central proposition that the Principe has an overarching role and deserves to be characterized as “the norm of all norms and the method of all methods.

Georgios A. Serghides is a Judge and Section Vice-President of the ECtHR. He is a holder of five PhDs in Law, obtained at: the University of Exeter, the National and Kapodistrian University of Athens, the Aristotle University of Thessaloniki, the Democritus University of Thrace and the University of Strasbourg.

PART I: CONCEPTUAL FRAMEWORK OF THE PRINCIPLE OF EFFECTIVENESS: RAISON D’ÊTRE, DEVELOPMENT AND SUBSTANTIATION

CHAPTER 1: ANALYTICAL EXAMINATION OF THE MEANING, CAPACITIES AND USE OF THE PRINCIPLE OF EFFECTIVENESS

SECTION 1: THE TWO CAPACITIES OF THE PRINCIPLE AND THEIR INTERRELATIONSHIP

SECTION 2: DIFFERENT FORMULATIONS OF THE PRINCIPLE AND THEIR COMMON DENOMINATOR

CHAPTER 2: TWO DOCTRINES DERIVING FROM AND SECURING THE PRINCIPLE OF EFFECTIVENESS - TWO IMPORTANT SUB-CAPACITIES OF THE PRINCIPLE

SECTION 1: DOCTRINE OF POSITIVE OBLIGATIONS

SECTION 2: LIVING INSTRUMENT DOCTRINE

PART II: OPERATIONAL FRAMEWORK OF THE PRINCIPLE OF EFFECTIVENESS: POLYVALENT NATURE AND ACTION

CHAPTER 1: THE DUAL NATURE AND OPERATION OF THE PRINCIPLE OF EFFECTIVENESS

SECTION 1: INTERACTIVE NATURE AND HARMONIZING OPERATION

SECTION 2: POLEMICAL NATURE AND DEFENSIVE OPERATION

CHAPTER 2: THE PRINCIPLE OF EFFECTIVENESS IN ACTION: FROM BEGINNING TO END