Solving Europe's Binary Human Rights Puzzle
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Topic I Topic II Topic
Luxembourg 6th European May 2011 Jurists’ Forum O r g a n i z e r Ministry of Justice | Ministry of Finance University of Luxembourg | Luxembourg Bar Council www.eurojurist2011.lu Topic I Financial regulation: European law put to the test Topic II Fundamental rights Topic III Information law in a cross-border European context guest speakers Mr Jean-Claude Juncker Prime Minister of Luxembourg, President of the Euro Group Mr Vassilios Skouris Mrs Viviane Reding President of the Court of Justice Vice-President of the European Commission and of the European Union EU Commissioner for Justice, Fundamental Rights and Citizenship Luxembourg 6th European May 2011 Jurists’ Forum Topic I Financial regulation: European law put to the test 1. A renewal of the sources of law 2. Crisis management and financial stability 3. Strengthening investor protection 1. A renewal of the sources of law Chairperson Prof. Blanche SOUSi-rOUBi University of Lyon, France The proliferation of legal regulation instruments: order or disorder? Speaker Prof. Jean-Jacques Daigre University of Paris I, France European supervisory authorities: the example of european financial markets authority Speaker Prof. eddy WYMeerSCH University of Gand, Belgium The international sources of european law Speaker Prof. Pierre-Henri COnaC University of Luxembourg, Luxembourg Panel Mr David green Advisor, Financial Reporting Council (FRC), United Kingdom Panel Mr Jean gUiLL General Counsel, Commission de Surveillance du Secteur Financier (CSSF), Luxembourg Panel Prof. Heribert HirTe University of Hambourg, Germany 2. Crisis management and financial stability Chairperson Mr Yves MerSCH President, Banque Centrale du Luxembourg, Luxembourg Conflicts of sovereignty? Legal basis of stability pact protection Speaker Prof. -
Mélanges En L'honneur De / Essays in Honour of Dean Spielmann
Liber amicorum Liber amicorum Dean Spielmann Liber amicorum Dean Spielmann Liber amicorum Liber amicorum Dean Spielmann MélangesMélanges en l’honneur en l’honneur de / de / EssaysEssays in honour in honour of of Dean Spielmann DeanDean Spielmann Spielmann Mélanges en l’honneur de / Dean Spielmann Edités par / edited by Josep EditésCasadevall, par / edited Guido by Raimondi, Erik Fribergh, Essays in honour of Josep Casadevall,Patrick Guido Titiun, Raimondi, Peter Kempees, Erik Fribergh, John Darcy PatrickAvec Titiun, l’assistance Peter deKempees, Nicole Lehner John Darcy et Nathalie Donath Avec l’assistance de Nicole Lehner et Nathalie Donath Dean Spielmann Le mandat de Dean Spielmann en tant que Président de la Cour européenne des droits Dean of Spielmann in honour / Essays de Mélanges en l’honneur Le mandatde de l’homme Dean Spielmann s’achève. en tant que Président de la Cour européenne des droits de l’homme s’achève. Après des études prestigieuses à Louvain et Cambridge, Dean Spielmann s’est consacré Dean of Spielmann in honour / Essays de Mélanges en l’honneur Après desà études la profession prestigieuses d’avocat, à Louvain qu’il a exercée et Cambridge, brillamment Dean jusqu’à Spielmann son élection s’est consacré comme juge à la à la professionCour d’avocat, en 2004. qu’il Élu aPrésident exercée brillamment de Section en jusqu’à 2011 sonet en élection 2012, Vice-Président,comme juge à la il devient, Cour en 2004.la même Élu année, Président Président de Section de la enCour. 2011 et en 2012, Vice-Président, il devient, la même année, Président de la Cour. -
Conseil De L'europe Council of Europe Cour Européenne Des Droits De L
CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS GRAND CHAMBER CASE OF O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM (Applications nos. 15809/02 and 25624/02) JUDGMENT STRASBOURG 29 June 2007 2 O’HALLORAN AND FRANCIS v. THE UNITED KINGDOM JUDGMENT In the case of O’Halloran and Francis v. the United Kingdom, The European Court of Human Rights, sitting as a Grand Chamber composed of: Jean-Paul Costa, President, Luzius Wildhaber, Christos Rozakis, Nicolas Bratza, Boštjan M. Zupančič, Rıza Türmen, Volodymyr Butkevych, Josep Casadevall, Matti Pellonpää, Snejana Botoucharova, Stanislav Pavlovschi, Lech Garlicki, Javier Borrego Borrego, Alvina Gyulumyan, Ljiljana Mijović, Egbert Myjer, Ján Šikuta, judges, and Vincent Berger, Jurisconsult, Having deliberated in private on 27 September 2006 and on 23 May 2007, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in two applications (nos. 15809/02 and 25624/02) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two British nationals, Mr Gerard O’Halloran and Mr Idris Richard Francis (“the applicants”), on 3 April 2002 and 15 November 2001 respectively. 2. The applicants, one of whom had been granted legal aid, were represented by Mr J. Welch of Liberty, London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office. 3. Mr O’Halloran alleged that he had been convicted solely or mainly on account of the statement he had been compelled to provide under threat of a penalty similar to the offence itself. -
Rolv Ryssdal* President, and the Former Vice-President, Hermann Mosler Council of Europe
section Some Notable People3 in the Court’s History CHAPTER 7 Presidents of the Court Lord (Arnold Duncan) McNair (1885–1975) British • Barrister, law professor and international judge • Judge (1946–52) and President of the International Court of Justice (1952–5) • President (1959–65) and thereafter judge at the Court (1965–6) Lord McNair served as the first President of the Court. He was educated at Aldenham School and Gonville and Caius College, Cambridge, where he read law. From 1907 to 1908 he was Secretary of the Cambridge University Liberal Club, and in 1909 he was President of the Cambridge Union. After practising as a solicitor in London, he returned to Cambridge in 1912 to become a fellow of his old college, later becoming senior tutor. In 1917 he was called to the Bar, Gray’s Inn. He had taken an interest in international law from an early age, and in 1935 he was appointed Whewell Professor of International Law at Cambridge. However, he left this chair in 1937 to become Vice-Chancellor of Above: Lord (Arnold Duncan) McNair. Liverpool University. He remained at Liverpool until 1945, Opposite: Poster with some of the when he returned to Cambridge to take up the position of Convention’s keywords (2009). Professor of Comparative Law. The following year he was 106 The Conscience of Europe: 50 Years of the European Court of Human Rights Chapter 7: Presidents of the Court elected a judge of the International Court of Justice in The rights. He wanted above all to place human rights at the heart 1974 that France ratified the Convention, only two years Hague, a post he held until 1955, and he was also President of the European construction project then just beginning. -
Chamber Judgment in the Case of Herrmann V
issued by the Registrar of the Court ECHR 274 (2012) 26.06.2012 Landowner should not be obliged to tolerate hunting on his premises In today’s Grand Chamber judgment in the case of Herrmann v. Germany (application no. 9300/07), which is final1, the European Court of Human Rights held, by a majority, that there had been: a violation of Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights. The case concerned a landowner’s complaint about being forced to accept hunting on his land, even though he is morally opposed to hunting. The Court held in particular that the obligation to tolerate hunting on their property imposed a disproportionate burden on landowners in Germany who were opposed to hunting for ethical reasons. The Court thereby followed its findings in two previous judgments concerning hunting legislation in France and Luxembourg. Principal facts The applicant, Günter Herrmann, is a German national who was born in 1955 and lives in Stutensee (Germany). As the owner of two plots of land in Rhineland-Palatinate which are smaller than 75 hectares, he is automatically a member of the Langsur hunting association under the Federal Hunting Law (Bundesjagdgesetz) and has to tolerate hunting on his premises. Being opposed to hunting on ethical grounds, he filed a request with the hunting authority to terminate his membership of the association, which was rejected. A request to the same effect was rejected by the administrative court, whose judgment was upheld by the appeal court and the Federal Administrative Court. In December 2006, the Federal Constitutional Court declined to consider Mr Herrmann’s constitutional complaint, holding in particular that the Federal Hunting Law aimed to preserve game animals in a way that was adapted to the rural conditions, and to ensure a healthy and varied wildlife. -
Annual Report 2013 Prov
European Court of Human Rights Annual Report 2013 Provisional Version Registry of the European Court of Human Rights Strasbourg, 2014 All or part of this document may be freely reproduced with acknowledgment of the source “Annual Report 2013 of the European Court of Human Rights, Council of Europe”. Photographs: Council of Europe Cover: the Human Rights Building (Architects: Richard Rogers Partnership and Atelier Claude Bucher) – Photograph: Michel Christen, Council of Europe CONTENTS Foreword 5 I. The Court in 2013 7 II. Composition of the Court 15 III. Composition of the Sections 19 IV. Speech given by Mr Dean Spielmann, President of the European Court of Human Rights, on the occasion of the opening of the judicial year, 25 January 2013 23 V. Speech given by Ms Christiane Taubira, Garde des Sceaux, French Minister of Justice, on the occasion of the opening of the judicial year, 25 January 2013 31 VI. Speech given by Mr Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia, President of the Mechanism for International Criminal Tribunals, on the occasion of the opening of the judicial year, 25 January 2013 39 VII. President’s Diary 49 VIII. Activities of the Grand Chamber, Sections and single- judge formations 59 IX. Case-law information, training and outreach 63 X. Summary of the main judgments and decisions delivered by the Court in 2013 77 XI. Cases reported in the Court’s Case-law Information Notes in 2013 147 XII. Statistical information 191 Events in total (2012-2013) 193 Pending cases allocated -
Case of Jussila V. Finland
CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS Case of Jussila v. Finland (Application no. 73053/01) Judgment Strasbourg, 23 November 2006 CONSEIL COUNCIL DE L’EUROPE OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT O F HUMAN RIGHTS CASE OF JUSSILA v. FINLAND (Application no. 73053/01) JUDGMENT STRASBOURG 23 November 2006 2 JUSSILA v. FINLAND JUDGMENT In the case of Jussila v. Finland, The European Court of Human Rights, sitting as a Grand Chamber composed of: Jean-Paul Costa, President, Nicolas Bratza, Boštjan M. Zupančič, Peer Lorenzen, Lucius Caflisch, Loukis Loucaides, Ireneu Cabral Barreto, Volodymyr Butkevych, Josep Casadevall, Matti Pellonpää, Kristaq Traja, Mindia Ugrekhelidze, Antonella Mularoni, Elisabet Fura-Sandström, Ljiljana Mijović, Dean Spielmann, Ján Šikuta, judges, and Erik Fribergh, Registrar, Having deliberated in private on 5 July and 25 October 2006, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in an application (no. 73053/01) against the Republic of Finland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Finnish national, Mr Esa Jussila (“the applicant”), on 21 June 2001. 2. The applicant, who had been granted legal aid, was represented by Mr P. Lappalainen, a lawyer practising in Nokia. The Finnish Government (“the Government”) were represented by their Agent, Mr A. Kosonen of the Ministry for Foreign Affairs. 3. The applicant alleged that he had not received a fair hearing in the proceedings in which a tax surcharge was imposed as he had not been given an oral hearing. -
Annual Report 2012 of the European Court of Human Rights, Council of Europe”
European Court of Human Rights Annual Report 2012 Provisional Version Registry of the European Court of Human Rights Strasbourg, 2013 All or part of this document may be freely reproduced with acknowledgment of the source “Annual Report 2012 of the European Court of Human Rights, Council of Europe”. Photographs: Council of Europe Cover: the Human Rights Building (Architects: Richard Rogers Partnership and Atelier Claude Bucher) – Photograph: Michel Christen, Council of Europe – Graphic design: Publications Unit of the Registry of the Court CONTENTS Foreword 5 I. The Court in 2012 9 II. Composition of the Court 17 III. Composition of the Sections 21 IV. Speech given by Sir Nicolas Bratza, President of the European Court of Human Rights, on the occasion of the opening of the judicial year, 27 January 2012 29 V. Speech given by Mr Thomas Hammarberg, Council of Europe Commissioner for Human Rights, on the occasion of the opening of the judicial year, 27 January 2012 39 VI. Visits 51 VII. Activities of the Grand Chamber, Sections and single- judge formations 57 VIII. Publication of information on the Court and its case-law 61 IX. Short survey of the main judgments and decisions delivered by the Court in 2012 71 X. Cases reported in the Court’s Case-law Information Notes in 2012 103 XI. Statistical information 147 Pending cases allocated to a judicial formation at 31 December 2012 (respondent States) 149 Pending cases allocated to a judicial formation at 31 December 2012 (main respondent States) 150 Court’s workload by state of proceedings and application type at 31 December 2012 151 Violations by Article and by respondent State (2012) 152 Violations by Article and by respondent State (2012) (continued) 153 Applications allocated to a judicial formation (1999-2012) 154 Judgments (1999-2012) 155 European Court of Human Rights – Annual Report 2012 Allocated applications by State and by population (2009-2012) 156 4 FOREWORD The year 2012 almost exactly corresponded to the term of office of my predecessor Sir Nicolas Bratza. -
European Court of Human Rights
GRAND CHAMBER CASE OF AUSTIN AND OTHERS v. THE UNITED KINGDOM (Applications nos. 39692/09, 40713/09 and 41008/09) JUDGMENT STRASBOURG 15 March 2012 This judgment is final but may be subject to editorial revision. AUSTIN AND OTHERS v. THE UNITED KINGDOM JUDGMENT 1 In the case of Austin and Others v. the United Kingdom, The European Court of Human Rights (Grand Chamber), sitting as a Grand Chamber composed of: Françoise Tulkens, President, Nicolas Bratza, Jean-Paul Costa, Josep Casadevall, Nina Vajić, Dean Spielmann, Lech Garlicki, Ineta Ziemele, Päivi Hirvelä, Giorgio Malinverni, Luis López Guerra, Ledi Bianku, Kristina Pardalos, Ganna Yudkivska, Vincent A. De Gaetano, Angelika Nußberger, Erik Møse, judges, and Michael O’Boyle, Deputy Registrar, Having deliberated in private on 14 September 2011 and 15 February 2012, Delivers the following judgment, which was adopted on the latter date: PROCEDURE 1. The case originated in one application (no. 39692/09) lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a British national, Ms Lois Amelia Austin (“the first applicant”), on 17 July 2009; one application (no. 40713/09) lodged by a dual Greek/Australian national, Mr George Black (“the second applicant”) on 27 July 2009; and one application (no. 41008/09) lodged by a dual British/Australian national, Ms Bronwyn Lowenthal (“the third applicant”) and a British national, Mr Peter O’Shea (“the fourth applicant”), on 27 July 2009. All three applications were brought against the United Kingdom of Great Britain and Northern Ireland. 2. The first applicant was represented before the Court by Louise Christian, Katharine Craig, Heather Williams QC and Philippa Kaufmann. -
What Is Law for the European Court of Human Rights?
WHAT IS LAW FOR THE EUROPEAN COURT OF HUMAN RIGHTS? DR. KANSTANTSIN DZEHTSIAROU* ABSTRACT This Article will suggest that judges of the European Court of Human Rights (ECtHR) take into account both legal and non-legal considerations when deciding ªhardº cases. This Article focuses on these legal considerations, emphasizing the legal, rather than the political, personality of the ECtHR. Legal considerations can be further divided into internal and external ones. The former originate from within the European Convention on Human Rights (Convention) system, such as the ECtHR case law or the law and practice of the Contracting Parties to the Convention. The latter are provisions borrowed from outside of the realm of the Convention, such as international treaties or laws and practices from nations outside of the Council of Europe. This Article will argue that reliance on internal, as opposed to external, sources can help minimize the challenges that the ECtHR is currently facing in regard to its legitimacy. I. INTRODUCTION .................................... 89 II. SOURCES OF EUROPEAN HUMAN RIGHTS LAW . 94 A. Internal Sources ............................... 99 B. External Sources ............................... 106 C. European Union Law ........................... 118 III. THE CHOICE OF SOURCES: A QUESTION OF LEGITIMACY ........ 121 IV. CONCLUSION ..................................... 133 I. INTRODUCTION The European Court of Human Rights (ECtHR or Court) is a court of law which relies on legal sources in its reasoning. At the same time, the -
Annual Report 2015 Provisional Version ENG
ANNUAL REPORT 2015 Provisional Version European Court of Human Rights Annual Report 2015 Provisional Version Registry of the European Court of Human Rights Strasbourg, 2016 Anyone wishing to reproduce and/or translate all or part of this report in print, online or in any other format should contact [email protected] for further instructions. When citing this report, please acknowledge the source “Annual Report 2015 of the European Court of Human Rights, Council of Europe.” © Council of Europe/European Court of Human Rights, 2015 This report is available to download at www.echr.coe.int (Publications/Reports/Annual Reports). For publication updates please follow the Court’s Twitter account at twitter.com/ echrpublication. Photographs: Council of Europe Cover: the Human Rights Building (Architects: Richard Rogers Partnership and Atelier Claude Bucher) CONTENTS Foreword 5 I. The Court in 2015 7 II. Composition of the Court 15 III. Composition of the Sections 19 IV. Speech given by Mr Dean Spielmann, President of the European Court of Human Rights, on the occasion of the opening of the judicial year, 30 January 2015 29 V. Speech given by Excmo. Sr. D. Francisco Pérez de los Cobos Orihuel, President of the Spanish Constitutional Court, on the occasion of the opening of the judicial year, 30 January 2015 39 VI. President’s Diary 51 VII. Activities of the Grand Chamber, Sections and single- judge formations 63 VIII. Case-law information, training and outreach 67 IX. Overview of the Court’s case-law in 2015 79 X. Statistical information 187 -
GRAND CHAMBER CASE of X V. LATVIA (Application No. 27853/09)
GRAND CHAMBER CASE OF X v. LATVIA (Application no. 27853/09) JUDGMENT STRASBOURG 26 November 2013 This judgment is final but may be subject to editorial revision. X v. LATVIA JUDGMENT 1 In the case of X v. Latvia, The European Court of Human Rights, sitting as a Grand Chamber composed of: Dean Spielmann, president, Nicolas Bratza, Guido Raimondi, Ineta Ziemele, Mark Villiger, Nina Vajić, Khanlar Hajiyev, Danutė Jočienė, Ján Šikuta, Päivi Hirvelä, George Nicolaou, Zdravka Kalaydjieva, Nebojša Vučinić, Angelika Nußberger, Julia Laffranque, Paulo Pinto de Albuquerque, Linos-Alexandre Sicilianos, judges, and Michael O’Boyle, Deputy Registrar, Having deliberated in private on 10 October 2012 and 25 September 2013, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case originated in an application (no. 27853/09) against the Republic of Latvia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Latvian national, Ms X (“the applicant”), on 8 May 2009. The President of the Grand Chamber authorised, of his own motion, the non-disclosure of the applicant’s identity (Rule 47 § 3 of the Rules of Court). 2. The applicant was represented by Mr R. Strauss, a lawyer practising in Riga. The Latvian Government (“the Government”) were represented by their Agent, Mrs K. Līce. 3. The applicant alleged that, on account of the decision by the Latvian courts to order her daughter’s return to Australia, in application of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, she had been the victim of an infringement of her right to 2 X v.