DOCSLIB.ORG

Topic I Topic II Topic

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
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. Helmut SieKMann University of Frankfurt am Main, Germany EU solidarity in the face of possible Member State default Speaker Mr Klaus regLing Chief Executive Officer, European Financial Stability Facility (EFSF), Luxembourg Fragility of the banks, role of the financial markets and systemic risks: attempts at regulation Speaker Mr Diego DeVOS Legal Director, Bank for International Settlements, Basel Panel Mr Luc FrieDen Minister of Finance, Luxembourg Panel Mr Philippe Maystadt President of the European Investment Bank (EIB), Luxembourg 3. Strengthening investor protection Chairperson Prof. Theodor BaUMS University of Frankfurt am Main, Germany The investor at the center of collective governance Speaker Prof. Hervé SYnVeT University of Paris II, France From product harmonisation to regulating distribution: a paradigm shift? Speaker Prof. niamh MOLOneY London School of Economics, United Kingdom Public vs. private enforcement Speaker Prof. Marco VenTOrUzzO University of Bocconi, Italy Improving investor protection: sales restrictions, information, suitability … what else? Speaker Prof. Luc THÉVenOz University of Geneva, Switzerland Panel Mr Hubert De VaUPLane Legal Director, Crédit Agricole, France Panel Prof. guido FERRARINI University of Genova, Italy Panel Mr Thomas HUerTaS Director, Financial Services Authority (F.S.A.), United Kingdom Rapporteur for Topic I Prof. andré PrÜM Dean of the Faculty of Law, Economics and Finance, University of Luxembourg, Luxembourg Luxembourg 6th European May 2011 Jurists’ Forum Topic II Fundamental rights 1. Personal data protection 2. Rights of defendants 3. Horizontal effects of fundamental rights 1. Personal data protection Chairperson Mr Jean-Claude BOniCHOT Judge, Court of Justice of the European Union, Luxembourg EU-US agreement on the data protection principles in the area of criminal law and police cooperation Speaker Prof. Paul De HerT Free University of Brussels, Belgium The directive on the retention of telecommunications data, from the constitutional-law perspective Speaker Dr. Thomas PeTri Data protection supervisor, Bavaria, Germany Panel Mr gérard LOMMeL President, Commission nationale de protection des données (CNPD), Luxembourg Panel Mr reinhard PrieBe Director, DG Home Affairs, European Commission, Brussels Panel Mr alex TÜrK President, Commission nationale de l’informatique et des libertés (CNIL), France 2. Rights of defendants Chairperson Mr Dean SPieLMann Judge, European Court of Human Rights, Strasbourg The search for the truth and the rights of the defence: two irreconcilable principles ? Speaker Mr robert BieVer Attorney General, Luxembourg Judicialisation and fundamental rights in the european criminal justice area Speaker Prof. Henri LaBaYLe University of Bayonne, France Panel Mr Lars BaY LarSen Judge, Court of Justice of the European Union, Luxembourg Panel Prof. Stefan BRAUM University of Luxembourg, Luxembourg Panel Mr Jonathan MiTCHeLL Lawyer, London, United Kingdom Panel Mrs Françoise TULKenS Judge, European Court of Human Rights, Strasbourg 3. Horizontal effects of fundamental rights Chairperson Prof. Juliane KOKOTT Advocate General, Court of Justice of the European Union, Luxembourg Many roads lead to Rome: the influence of constitutional principles in the relationships between private persons Speaker Prof. andreas VOßKUHLe President, Bundesverfassungsgericht, Karlsruhe, Germany The horizontal effects of fundamental rights: some european law and comparative law perspectives Speaker Prof. achim SeiFerT University of Luxembourg, Luxembourg Panel Prof. Catherine BarnarD University of Cambridge, United Kingdom Panel Mr Yves BOT Advocate General, Court of Justice of the European Union, Luxembourg Panel Mr alain LaCaBARATS Counsellor, Cour de Cassation, France Panel Sir alan MOSeS Lord Justice, Court of Appeal, United Kingdom Rapporteur for Topic II Mr Christian VigOUrOUX Conseiller d’Etat, France Luxembourg 6th European May 2011 Jurists’ Forum Topic III Information law in a cross-border European context 1. Open access to information and individual rights: squaring the circle? 2. Information: universal or commercial use ? 3. What responsibility for intermediaries? What role for public authorities? 1. Open access to information and individual rights: squaring the circle? Chairperson Prof. Herwig HOFMann University of Luxembourg, Luxembourg Speaker Mr François BiLTgen Minister for Justice, Minister for Communication and Media, Luxembourg Speaker t.b.c. World Intellectual Property Organisation (WIPO), Geneva Speaker Mr Jean BergeVin Head of Unit, DG Internal Market and Services, European Commission, Brussels Panel Mr Marco PanCini General Counsel, Google Europe Panel Dr. Michael r. KOgLer Legal Advisor, Bundeskanzleramt-Verfassungsdienst (Medienangelegenheiten und Informationsgesellschaft), Austria Panel Mr Simon BaXTer Solicitor of the Supreme Court of England and Wales, United Kingdom 2. Information: universal or commercial use? Chairperson Prof. ian BrOWn Oxford Internet Institute, United Kingdom Speaker Mr Thierry DeSUrMOnT Vice-Chairman of the governing board, Société des auteurs, compositeurs et éditeurs de musique (SACEM), France Speaker Mr elmar Heggen CFO, RTL-Group, Luxembourg Speaker Mr romain BaUSCH President and CEO, SES, Luxembourg Panel Mr Bob SCHMiTz Counsellor, European Consumer Consultative Group (ECCG), Brussels Panel Mr Christopher MOSer Director, MySpace, United Kingdom Panel Mr Christophe geiger Director, Centre d’Etudes Internationales de la Propriété Intellectuelle (CEIPI), France 3. What responsibility for intermediaries? What role for public authorities? Chairperson Prof. Pierre TrUDeL University of Montreal, Canada Speaker Mr Franklin DeHOUSSe Judge, General Court of the European Union, Luxembourg Speaker Prof. Verica TrSTenJaK Advocate General, Court of Justice of the European Union, Luxembourg Panel Mr andrew CeCiL Director, Amazon Europe Panel Mr Stefan KRAWCzYK Director, Ebay, Europe Panel Mr Malcolm HUTTY President, European Internet Sevices Providers Association (EuroISPA), Belgium Rapporteur for Topic III Prof. Yves POULLeT Rector of the University of Namur, Belgium Luxembourg 6th European May 2011 Jurists’ Forum Closing session Mr Francis GURRY General Director, World Intellectual Property Organisation (WIPO), Geneva Mr François BILTGEN Minister for Justice, Minister for Communication and Media, Luxembourg Luxembourg 6th European May 2011 Jurists’ Forum Conference site Centre de conférences Place de l‘Europe, Luxembourg-Kirchberg Information and registration www.eurojurist2011.lu .
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • 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.
    [Show full text]
  • 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 LÉGER v. FRANCE (Application no. 19324/02) JUDGMENT (Striking out) STRASBOURG 30 March 2009 This judgment is final but may be subject to editorial revision. LÉGER v. FRANCE JUDGMENT 1 In the case of Léger v. France, The European Court of Human Rights, sitting as a Grand Chamber composed of: Christos Rozakis, President Jean-Paul Costa, Nicolas Bratza, Josep Casadevall, Corneliu Bîrsan, Nina Vajic, Vladimiro Zagrebelsky, Alvina Gyulumyan, Ljiljana Mijović, Dean Spielmann, Renate Jaeger, Sverre Erik Jebens, Ján Šikuta, Ineta Ziemele, Mark Villiger, Luis López Guerra, Ledi Bianku, judges and Erik Fribergh, Registrar, Having deliberated in private on 30 April 2008 and on 11 March 2009, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1. The case originated in an application (no. 19324/02) against the French Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a French national, Mr Lucien Léger (“the applicant”), on 6 May 2002. 2. The applicant alleged that his continued detention as a result of his life sentence amounted in practice to a whole-life term, was arbitrary in breach of Article 5 § 1 (a) of the Convention, and constituted inhuman and degrading treatment within the meaning of Article 3. 3. The application was allocated to the Second Section of the Court (Rule 52 § 1 of the Rules of Court). On 21 September 2004 it was declared partly admissible by a Chamber of that Section composed of the following judges: András Baka, President, Jean-Paul Costa, Loukis Loucaides, Karel Jungwiert, Volodymyr Butkevych, Wilhelmina Thomassen and Mindia Ugrekhelidze, and also of Sally Dollé, Section Registrar.
    [Show full text]
  • GRAND CHAMBER CASE of SJ V. BELGIUM (Application No. 70055/10)
    GRAND CHAMBER CASE OF S.J. v. BELGIUM (Application no. 70055/10) JUDGMENT (Striking out) STRASBOURG 19 March 2015 This judgment is final but may be subject to editorial revision. S.J. v. BELGIUM – JUDGMENT (STRIKING OUT) 1 In the case of S.J. v. Belgium, The European Court of Human Rights, sitting as a Grand Chamber composed of: Dean Spielmann, President, Josep Casadevall, Guido Raimondi, Işıl Karakaş, Isabelle Berro-Lefèvre, Khanlar Hajiyev, Ján Šikuta, Päivi Hirvelä, Mirjana Lazarova Trajkovska, Ledi Bianku, Nebojša Vučinić, Paulo Pinto de Albuquerque, Erik Møse, Paul Lemmens, Johannes Silvis, Valeriu Griţco, Ksenija Turković, judges, and Erik Fribergh, Registrar, Having deliberated in private on 11 February 2015, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 70055/10) against the Kingdom of Belgium lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Nigerian national, Ms S.J. (“the applicant”), on 30 November 2010. The President of the Grand Chamber granted the applicant’s request for her identity not to be disclosed to the public (Rule 47 § 4 of the Rules of Court). 2. The applicant was represented by Ms S. Micholt, a lawyer practising in Bruges. The Belgian Government (“the Government”) were represented by their Agent, Mr M. Tysebaert, Senior Adviser, Federal Justice Department. 3. The applicant alleged that her expulsion to Nigeria would expose her to a risk of treatment contrary to Article 3 of the Convention and would infringe her right to respect for her private and family life as guaranteed by Article 8 of the Convention.
    [Show full text]
  • (CLP) Lecture Whither the Margin of Appreciation?
    20 March 2014 UCL – Current Legal Problems (CLP) lecture Whither the Margin of Appreciation? Dean Spielmann President, European Court of Human Rights The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides the European Court in its examination of the complaints raised under many, but not all, provisions of the Convention and its Protocols. It makes for a body of human rights law that accepts pluralism over uniformity, as long as the fundamental guarantees are effectively observed. Alongside its normative function, the doctrine pursues what may be termed a systemic objective. It devolves a large measure of responsibility for scrutinising the acts or omissions of national authorities to the national courts, placing them in their natural, primary role in the protection of human rights. It is therefore neither a gift nor a concession, but more an incentive to the domestic judge to conduct the necessary Convention review, realising in this way the principle of subsidiarity. Protocol No. 15, adopted in May 2013 and currently in the process of ratification by the 47 Contracting Parties, will add to the Preamble of the Convention references to both the margin of appreciation and subsidiarity. What are the implications of this reform for the Strasbourg Court? And for national courts? Lord Neuberger, [other personalities as appropriate] Ladies and Gentlemen, It is an honour and pleasure for me to take the floor this evening as the guest of the Faculty of Laws. I am grateful to our hosts for giving me the opportunity to address you, and also for allowing me a wide margin of appreciation in the choice of theme.
    [Show full text]