Home >
Law >
Human Rights >
Fundamental Rights Violations by Privte Actors and the Procedure Before the European Court of Human Rights: A Study of Verticalised Cases

Fundamental Rights Violations by Privte Actors and the Procedure Before the European Court of Human Rights: A Study of Verticalised Cases

Author: Claire Loven
Publisher: Intersentia Publishers
ISBN: 9781839702839
Published In: October 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,130.50

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally ‘horizontal’ conflicts must be ‘verticalised’ in order to be admissible. Although such verticalised cases make up a large portion of the Court’s case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention.

To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court’s approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one’s surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court’s current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

INTRODUCTION

Chapter 1. Introduction

PART I. INTRODUCTION TO THE CONVENTION SYSTEM

Chapter 2. Short History of the Convention System

Chapter 3. Guiding Convention Principles

Chapter 4. Characteristics of ECtHR Proceedings

PART II. VERTICALISED CASES UNRAVELLED

Introduction

Chapter 5. Horizontal Positive Obligations

Chapter 6. Detailed Analysis of Verticalised Cases before the ECtHR

Conclusion

PART III. PROBLEMS IN VERTICALISED CASES