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Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

Author: Triestino Mariniello
Publisher: Brill Nijhoff
ISBN: 9789004434653
Published In: January 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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This is the first English written book that includes the most significant opinions of Judge Paulo Pinto de Albuquerque delivered at the European Court of Human Rights. He was the President of the Committee on the Rules of the Court, the President of the Criminal Law Group of the Court and the focal point for the international relations of the European Court with Constitutional and Supreme Courts outside Europe. Previously he had worked as an anti-corruption leading expert for the Council of Europe.

As Full Professor at the Faculty of Law of the Catholic University of Lisbon, he has published, inter alia, 23 books in English, French, Italian, Portuguese, Russian, Spanish, Turkish and Ukranian and 65 legal articles and book chapters in those languages as well as Chinese and German. Since his appointment as a Judge in Strasbourg, he has authored 157 opinions that have significantly contributed to the development of international human rights law. The Judge's decisions are regularly cited by academic scholars and practitioners in human rights law, public international law, criminal law, migration and refugee law.

Foreword

Laudatio for the Honorary Doctorate to Judge Paulo Pinto de Albuquerque

PART 1: The Politics of Human Rights

The Relationship between the Convention and Constitutional Law

1.1 From Constitutional Parochialism to Multilevel Constitutionalism (GIEM and Others v. Italy)

1.2 Double Standards in Europe (Hutchinson v. United Kingdom)

1.3 The Existential Risk Put by Illiberal Democracies (Baka v. Hungary)

The Relationship between the Convention and International Law

2.1 Evolutive Interpretation, European Consensus and Soft Law (Mursic v. Croatia)

2.2 The Clash between Strasbourg and the United Nations Security Council (Al-Dulimi and Montana Management Inc. v. Switzerland)

2.3 The Confrontation between Strasbourg and the United Nations Human Rights Committee (Correia de Matos v. Portugal)

PART 2: The Human Rights Challenges

Succumbing to Penal Populism

3.1 Too Much Unfairness in the "overall fairness" test (Murtazaliyeva v. Russia)

3.2 Retroactive Punishment of Dangerous Offenders (Ilnseher v. Germany)

3.3 Prison Overcrowding Out of Control (Mironovas and Others v. Lithuania)

3.4 Mentally Ill Prisoners Languishing in Limbo (Murray v. the Netherlands)

Defending Society from Its Enemies

4.1 Racism and Anti-Semitism (Vona v. Hungary)

4.2 Trafficking of Human Beings (J. and Others v. Austria)

4.3 Domestic Violence (Valiulienne v. Lithuania)

4.4 Organized Crime and Terrorism (Lagutin and Others v. Russia)

New Forms of Punishment

5.1 Lustration of Former Communists (Soro v. Estonia)

5.2 Outsourcing Punishment to the Administration (A. and B. v. Norway)

5.3 Crimmigration of Young Migrants (Abdullahi Elmi and Aweys Abubakar Elmi v. Malta)

5.4 Dealing with Massive Crimes of the Past (Mocanu and Others v. Romania)

Promoting Internet as the New Global Market of Ideas

6.1 The Public-Forum Doctrine Revisited (Mouvement Raelien v. Switzerland)

6.2 Surveillance of Usage of Internet in the Workplace (Barbulescu v. Romania)

6.3 Blocking Content in the Internet (Yildirim v. Turkey)

6.4 Vicarious Liability for Hyperlinks (Magyar Jeti ZRT v. Hungary)

Defending the Foundations of the European Model of Social State (Sozialstaalichkeit)

7.1 Dismantling Labour Market in Times of Crisis (Hrvatski lijecnicki sindikat v. Croatia)

7.2 Public Health Care in Disruption (Lopes de Sousa Fernandes v. Portugal)

7.3 Unfair Access to University Education (Tarantino and Others v. Italy)

7.4 Ostracizing Social Subsidies-Dependent Families (Garib v. the Netherlands)

Empowering Migrants as Citizens

8.1 Claim to Nationality by Stateless Person (Ramadan v. Malta)

8.2 Access to Justice by Asylum Seekers (Hirsi Jamaa and Others v. Italy)

8.3 Family Life of Undocumented Migrants (De Souza Ribeiro v. France)

8.4 Health Care for terminally Ill-Foreigners (S. J. v. Belgium)

PART 3: The Methods of Human Rights Law

Judge-Made Law: Is the Case Law Coherent?

9.1 Principled v. Casuistic Reasoning (Centre for Legal Resources on behalf of Valentin Campeanu v. Romania)

9.2 Vertical v. Horizontal Stare Decisis (Herrmann v. Germany)

10.

Strasbourg Consequential Orders: Words Blown against the Wind?

10.1 The Realm of Confusion: General, Individual and Mixed Orders (Moreira Ferreira v. Portugal (no.2))

10.2 Just Satisfaction 2.0: Imposing Punitive Damages (Cyprus v. Turkey (Article 41))

Table of Cases

Table of Treaties and Otherher International Documents

Bibliography

Index

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