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Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

Author: Ola Johan Settem

Publisher: Springer

Published: 2015-12-15

Total Pages: 532

ISBN-13: 3319248839

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Proceedings of VIAC 2023

Author: Group of Authors

Publisher: Czech Institute of Academic Education

Published: 2023-02-16

Total Pages: 150

ISBN-13: 8088203317

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International Academic Conferences: -Management, Economics and Marketing -Teaching, Learning and E-learning -Transport, Logistics, Tourism and Sport Science -Engineering, Robotics, IT and Nanotechnology

Article 47 of the EU Charter and Effective Judicial Protection, Volume 2

Author: Matteo Bonelli

Publisher: Bloomsbury Publishing

Published: 2023-11-02

Total Pages: 315

ISBN-13: 1509948007

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This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

Civil Courts and the European Polity

Author: Chantal Mak

Publisher: Bloomsbury Publishing

Published: 2023-07-13

Total Pages: 291

ISBN-13: 150994169X

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The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe's political constellation. It aspires to enrich two debates the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

EU and EEA Law Litigation Before National Courts

Author: Zsófia Varga

Publisher: Bloomsbury Publishing

Published: 2024-03-07

Total Pages: 535

ISBN-13: 1509964916

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This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts. It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings. The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts. The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.

International Human Rights Norms in the Nordic and Baltic Countries

Author: Martin Scheinin

Publisher: Martinus Nijhoff Publishers

Published: 2023-08-28

Total Pages: 314

ISBN-13: 9004637125

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The book is a comparative study in the status of international human rights norms in the domestic law of all the Nordic countries and the three Baltic states: Estonia, Latvia and Lithuania. An amazingly rapid development towards direct applicability of international human rights treaties has taken place in recent years in all the countries in question. This book provides in-depth analysis of the situation in the eight countries. Each country-specific chapter is followed by a document section. Depending on the country in question the documents include constitutional texts, incorporation enactments of human rights, treaties, court rulings etc. The English translations of the Constitutions of Estonia, Latvia and Lithuania are given in full. The book includes a Foreword by Dr. Ole Espersen, the Council of the Baltic Sea States Commissioner on Democratic Institutions and Human Rights, including the Rights of Persons belonging to Minorities.

Investment Protection Standards and the Rule of Law

Author: August Reinisch

Publisher: Oxford University Press

Published: 2023-01-04

Total Pages: 417

ISBN-13: 0192679805

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This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

Duelling for Supremacy

Author: Fulvio Maria Palombino

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 451

ISBN-13: 1108475264

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Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.

Research Handbook on Human Rights and Humanitarian Law

Author: Robert Kolb

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 699

ISBN-13: 1781006075

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'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.

Unravelling Unlawful Confinement in Contemporary Armed Conflicts

Author: Jelena Plamenac

Publisher: BRILL

Published: 2021-11-29

Total Pages: 295

ISBN-13: 9004470557

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International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.