Osman v. UK—Transforming English Negligence Law into French Administrative Law?

1999 ◽  
Vol 48 (4) ◽  
pp. 757-778 ◽  
Author(s):  
G. Monti
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
European Countries ◽  
Public Authorities ◽  
European Court ◽  
English Law ◽  
Negligence Law

Liability of public authorities is limited in all European countries. In Osman v. UK1 the European Court of Human Rights (“the Court”) has reviewed the scope of English negligence law in a case concerning the liability of the police. On a first reading the judgment may appear to be confined to the facts of the case at hand, but further reflection suggests that the Court has attacked the orthodox approach to negligence liability for public authorities in English law.

scholarly journals The Right to Effective Management in the Practice of the European Court of Human Rights

2020 ◽  
Vol 12 ◽  
pp. 29-31
Author(s):  
Andrey Yu. Klyuchnikov ◽  
◽  
Vladimir S. Kruzhilin ◽  
Keyword(s):  
Human Rights ◽  
International Justice ◽  
Effective Management ◽  
Government Officials ◽  
Public Authorities ◽  
European Court ◽  
The Right

The article is devoted to the study of the right to effective management recognized by the international justice as a complex interdisciplinary institution affecting the functioning of public authorities and local self-government, officials and courts. The authors study the principles of the right to effective management, the powers granted to persons in connection with the action of the Institute, taking into account the practice of the ECHR.

Extradition Between European and African Countries: Overcoming the Challenges

2021 ◽  
Vol 11 (3) ◽  
pp. 288-319
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Criminal Court ◽  
European Countries ◽  
Criminal Proceedings ◽  
African Countries ◽  
European Court ◽  
Real Risk ◽  
Civil Proceedings ◽  
The Right

Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.

The Impact of the Pan-European General Principles of Good Administration on Swiss Law

2020 ◽  
pp. 353-374
Author(s):  
Nadja Braun Binder ◽  
Ardita Driza Maurer
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
European Court ◽  
Swiss Law ◽  
Written Law ◽  
The Impact

This chapter is dedicated to exploring the impact on Swiss administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter claims that the standards stemming from the European Convention on Human Rights and the case law of the European Court of Human Rights have been adopted in an exemplary way by Swiss authorities. The influence was especially strong in the 1980s and 1990s. The same cannot be said regarding other documents of the CoE, whose impact remains disparate because many aspects of the pan-European general principles of good administration were already part of the national written law. The chapter concludes that despite the exemplary integration of CoE instruments heated debates on the content of these instruments are not excluded from Switzerland.

The Pan-European General Principles of Good Administration in the Italian Legal System

2020 ◽  
pp. 182-209
Author(s):  
Marco Macchia ◽  
Claudia Figliolia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
European Court ◽  
System P ◽  
Low Degree ◽  
Court Proceedings ◽  
The Impact ◽  
Constitutional Jurisprudence

This chapter discusses the impact of the pan-European principles of good administration on Italian administrative law. The chapter presents the main finding that the Italian legal system is generally in line with these principles. The case law of the European Court of Human Rights has played a particularly strong role in national administrative law (especially in the context of administrative sanctioning and lengthy court proceedings). At the same time, some limitations to full reception of the said principles remain, the most notable of them being the resistance of constitutional jurisprudence to give ‘generalized’ execution to the pan-European principles and the low degree of recognition of the importance of the Council of Europe’s recommendations and conventions (other than the ECHR) for the development of these principles in national administrative law. The chapter concludes by stressing the (sometimes) contradictory nature of Italy’s acknowledgement of the pan-European scope of these principles.

18. Human Rights II: Emergent Principles

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Freedom Of Expression ◽  
Political Order ◽  
European Convention ◽  
World War ◽  
International Treaty ◽  
European Court ◽  
English Law

This chapter presents an overview of the European Convention on Human Rights, an International treaty originating in the reconstruction of Europe’s political order following World War II. The chapter is organised as follows. Section I discusses the main procedural and substantive features of the Convention itself, whilst Section II assesses its status and use in English law up until (approximately) the early-1990s. Sections III and IV examine the leading judgments of the European Court on Human Rights in the areas of privacy and freedom of expression.

scholarly journals What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights

2020 ◽  
Vol 10 (3) ◽  
pp. 286-315
Author(s):  
Peter Coe ◽  
James Brown
Keyword(s):  
Human Rights ◽  
Corporate Reputation ◽  
European Convention ◽  
European Court ◽  
English Law ◽  
Individual Reputation

AbstractThis article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting jurisprudence from the European Court of Human Rights, which has led to a lack of clarity within English law, this paper contends that business reputation should be subsumed within the concept of property. Such an approach would then enable businesses to avail themselves of a positive right to the protection of reputation, as property, under Article 1 Protocol 1 of the European Convention of Human Rights.

scholarly journals Information delayed is justice denied

2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Access To Information ◽  
Effective Protection ◽  
Public Authorities ◽  
European Court ◽  
Disclosure Of Information ◽  
Access Information ◽  
The Right

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’

Case-law of the European Court of Human Rights in juvenile cases. Selected cases

2019 ◽  
Vol 584 (9) ◽  
pp. 18-32
Author(s):  
Elżbieta Czyż
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Young Person ◽  
Fair Trial ◽  
European Countries ◽  
European Court ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights ◽  
Entire Procedure

The right to a fair trial, rules on deprivation of liberty are important standards in the entire procedure of dealing with juveniles, from detention to the end of court proceedings. The judgments of the European Court of Human Rights cited in the article illustrate what are the problems with complying with this standard in practice in several European countries, including Poland. It seems that one of the reasons may be declarative, apparent treatment of the rights of child/juvenile, especially when it concerns procedural rights. Teaching a young person respect for the law and responsibility for his behaviour requires subjective treatment so that he can feel, on his own example, the operation of a system based on clear, predictable, understandable rules.

scholarly journals Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights

2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
European Countries ◽  
The European Union ◽  
European Court ◽  
The Right

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.

scholarly journals Lustration of Judges in Ukraine: National Insights and European Implications

2020 ◽  
pp. 226-245
Keyword(s):  
Human Rights ◽  
Empirical Analysis ◽  
Bosnia And Herzegovina ◽  
European Countries ◽  
Deep Insight ◽  
Social Feedback ◽  
Social Demand ◽  
European Court ◽  
The Law ◽  
Insight Into

This article primarily focuses on the Ukrainian judge lustration, analysed from diverse aspects. Ukraine’s legal lustration framework engenders two legal acts— the Law On Restoring Trust into Judicial Power in Ukraine (2014) and the law On Purification of Government (2014). Social feedback on adopting these Laws, their key objectives, provided instruments and efficiency issues are discussed. This research particularly scrutinises the fundamental European lustration standards, referencing a few European countries’ experiences: Albania, Bosnia and Herzegovina, Poland. Deep insight into national lustration procedures is given, considering the European Court of Human Rights’ relevant rulings and the Ukrainian Constitution’s provisions. Remarks on whether all lustration laws comply with the Ukrainian Constitution are offered. Addressing the High Council of Justice’s precedents, a judicial body entitled to verify the judges’ lustration results, an in-depth empirical analysis of those procedural results are provided. Overall, Ukrainian lustration embodies a unique phenomenon due to strong social demand formalized in specially designed regulation.

Sign in / Sign up

Export Citation Format

Share Document