The Impact of the European Convention of Human Rights and Fundamental Freedoms on the Legal Order of the Netherlands

1967 ◽  
Vol 14 (01) ◽  
pp. 1 ◽  
Author(s):  
Menno J. Van Emde Boas
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Legal Order ◽  
European Convention ◽  
Fundamental Freedoms ◽  
The Impact

scholarly journals European Convention for the Protection of Human Rights and Fundamental Freedoms: Impact on Polish Law Development

2021 ◽  
Vol 4 (1) ◽  
pp. 23-60
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Freedom Of Expression ◽  
Daily Practice ◽  
Case Law ◽  
European Convention ◽  
Major Influence ◽  
Fundamental Freedoms ◽  
Polish Law ◽  
The Impact

The European Convention of Human Rights along with the case law elaborated by the European Court of Human Rights set an international procedural standard of a fair trial. It exerts a predominant influence not only on the creation and interpretation of European regulations connected with access to court and basic principles of the European justice system, but also on the interpretation of national constitutional laws in the realm of civil procedure. Any evaluation of the impact of protecting human rights and fundamental freedoms on the form, shape and daily practice of the Polish justice system in terms of the remedies mechanism demands that a number of issues be taken into account, not only with regard to the imperative of securing the right to an effective remedy, but also the form and functioning of the same in Poland. They should be adequate in terms of protecting the interests of individual parties as well as public interest. The impact of Art. 10 of the Convention on the evolution of Polish law on protection of freedom of expression is invaluable. According to the analysis, ECtHR case law under Art. 10 of the ECHR has had a major influence on the decisions of Polish courts; in fact, in certain instances it led to significant changes in Polish legislation.

scholarly journals Legal cosmopolitanism in international law

2020 ◽  
Vol 9 (3) ◽  
pp. 552-561
Author(s):  
EIRIK BJORGE
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Order ◽  
European Convention ◽  
European Context ◽  
International Court ◽  
The World ◽  
Fundamental Freedoms ◽  
European System ◽  
Protection Of Human Rights

AbstractThis article concerns two aspects of Stone Sweet and Ryan’s theory of legal cosmopolitanism: (1) what the Kantian cosmopolitan legal order means for an international court; and (2) what it means for the holders of the rights that flow from the cosmopolitan legal order. The article interrogates the extent to which, in order to be considered a truly cosmopolitan legal order, the European Convention on Human Rights needs at times not only to make non-citizens free of rights equal to those of citizens, but also to give them stronger rights than those enjoyed by citizens. The article concludes by turning to the meaning of the European Convention beyond its European context. The European system for the protection of human rights and fundamental freedoms may fail or succeed, yet the enthusiasm that the most successful rights-protecting body in the world has created in bystanders, and the very fact that it came into being at all, prove that real progress is possible. From a Kantian perspective, this may well be its greatest accomplishment.

The Impact of Pan-European General Principles of Good Administration on United Kingdom Administrative Law

2020 ◽  
pp. 81-122
Author(s):  
Sarah Nason
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Administrative Law ◽  
Legal Order ◽  
European Convention ◽  
The United Kingdom ◽  
European Court ◽  
Founder Member ◽  
The Uk ◽  
The Impact

This chapter explores the impact of the pan-European principles of good administration on the legal system of the United Kingdom. The chapter reveals that whilst the European Convention on Human Rights, and the judgments of the European Court of Human Rights, have deeply impacted on domestic administrative law, the same cannot be said regarding other sources of the pan-European general principles of good administration. Furthermore, the chapter claims that the UK, as a founder member of the Council of Europe (CoE), sees itself as continuing to provide a degree of critical oversight of the CoE’s system. There is both political and legal resistance to the idea that international norms, such as those developed by the CoE, could provide a template for elements of the domestic legal order. However, the chapter concludes that in a post-Brexit UK the pan-European general principles of good administration may well take on increased significance.

Asylum, Refuge and Public Policy: Current Trends and Future Dilemmas

2001 ◽  
Vol 6 (1) ◽  
pp. 75-82 ◽  
Author(s):  
Liza Schuster ◽  
John Solomos
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Policy And Practice ◽  
Asylum Policy ◽  
Current Trends ◽  
Fundamental Freedoms ◽  
The Status ◽  
Human Rights Act ◽  
Potential Impact ◽  
The Impact

Britain is a signatory of the 1950 European Convention on Human Rightsand Fundamental Freedoms and the 1951 Convention Relating to the Status of Refugees. It is only in the last decade, however, with the passage of the 1993 Asylum and Immigration Appeal Act and the 1998 Human Rights Act, that these two Conventions have became part of British law. This paper begins by exploring the impact of the incorporation of the 1951 Convention and then moves on to look at the hopes that are now pinned on the Human Rights Act. It concludes by considering the (actual and potential) impact of these two Conventions on asylum policy and practice since their incorporation into British law and explores the possible conflict between the Conventions and recent British legislation on asylum. In doing so it highlights the need to develop a deeper and contextualised understanding of current preoccupations with the issue of asylum and refuge in Britain and other European societies.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

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