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Taking a Case to the European Court of Human Rights, 4th Edition

Taking a Case to the European Court of Human Rights, 4th Edition

Author: Philip Leach
Publisher: Oxford University Press
ISBN: 9780198755418
Published In: June 2017
Format: Paperback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals.

This new edition has been fully revised to take account of the latest developments in the Court's practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules and practice directions; a more expansive approach to interim measures; the application of the 'no significant disadvantage' admissibility test and further applications of the exhaustion of domestic remedies rule and the six months' time limit; the steep rise in the use of unilateral declarations in striking cases out; developments in the use of 'Article 46' and pilot judgments; and the more extensive application of non-pecuniary measures of redress (including reinstatement to employment, disclosure of information and the protection of witnesses).

This edition includes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention. Issues covered by the recent case-law include secret rendition, restrictions on in vitro fertilization, medical mistreatment, the treatment of migrants at sea and asylum procedures, states' extra-territorial jurisdiction, same-sex partnerships, and discrimination. There is new law on the rights of suspects, defendants and life sentence prisoners, and the duties owed to the victims of domestic violence, domestic servitude, and human trafficking. With such vast coverage and accessibility, this book is indispensable for anyone studying in this field.
FOREWORD by Sir Nicholas Bratza
PREFACE
1: Introduction - The Council of Europe and the European Convention on Human Rights
2: Practice and Procedure of the European Court: Pre-admissibility
3: Practice and Procedure of the European Court: Post-admissibility
4: Practice and Procedure of the European Court: Judgment and Enforcement
5: Admissibility Criteria
6: Underlying Convention Principles
7: The Substantive Rights of the European Convention
8: Derogation and Reservation
9: Just Satisfaction (Article 41)
10: Sources of Information on the European Convention on Human Rights.
APPENDIX 1 - European Convention for the Protection of Human Rights and Fundamental Freedoms
APPENDIX 2 - Rules of Court
APPENDIX 3 - The Court's Priority Policy
APPENDIX 4 - Pilot Judgment Procedure
APPENDIX 5 - Application Form
APPENDIX 6 - Form of Authority
APPENDIX 7 - Court Acknowledgement Letters
APPENDIX 8 - Legal Aid - a Practical Guide
APPENDIX 9 - Request for Legal Aid
APPENDIX 10 - Legal Aid Rates
APPENDIX 11 - National Authorites Competant to Certify the Indigence of Applicants for the Purposes of Rule 102 of Chapter XI of the Rules of Court
APPENDIX 12 - Notes for Guidance of Persons Appearing at Hearings Before the European Court of Human Rights
APPENDIX 13 - Table of Dates of Entry into Force of the Convention and its Protocols
APPENDIX 14 - Composition of the Court (and Sections)
APPENDIX 15 - Single Judge Decision Letter
APPENDIX 16 - Committee Decision Letters
APPENDIX 17 - Rules of the Committee of Ministers
APPENDIX 18 - European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights
APPENDIX 19 - Interlaken Decision.
Philip Leach, Professor of Human Rights at London Metropolitan University and Director of the European Human Rights Advocacy Centre (EHRAC)