Taking a Case to the European Court of Human Rights. 3rd ed.

Author (Person)
Publisher
Publication Date 2011
ISBN 978-0-19-958502-1
Content Type

Now in its third edition, Taking a Case to the European Court of Human Rights is written by an experienced human rights practitioner. It provides practical and accessible guidance on taking cases to 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, legal aid, costs, interim measures, friendly settlement, third party intervention, just satisfaction, enforcement of judgments, and Grand Chamber referrals.

An explanation of the key principles underlying the European Convention on Human Rights precedes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention, including derogation, reservation, and damages. The new edition has been fully revised to take account of the changes introduced by Protocol 14 in 2010.

The book includes key substantive case law developments, commentary and guidance on the amended Court rules and new practice directions, and recent changes in the Court's processing of cases, together with advice and information on drafting pleadings, fact-finding and merits hearings before the Court.

The Court's admissibility criteria, a critical aspect of the Convention system, are dealt with in detail, and a comprehensive set of Court forms and other precedents are included in the appendices.

Readership: Practitioners throughout the UK and mainland Europe, including Eastern Europe and the Balkans; solicitors, barristers, NGOs, and in-house and government lawyers who take cases to the European Court of Human Rights. Academics, post-graduate students, and undergraduate students working on human rights law and interested in the Strasbourg system.

Table of Contents
1: Introduction - The Council of Europe and the European Convention on Human Rights
2: Practice and Procedure of the European Court: The Pre Judgement Phase
3: Practice and Procedure of the European Court: Judgment and Enforcement
4: Admissibility Criteria
5: Underlying Convention Principles
6: The Substantive Rights of the European Convention
7: Derogation and Reservation
8: Just Satisfaction (Article 41)
9: 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

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