Human Rights - The European Convention on Human Rights and Fundamental Freedoms in Central and Eastern Europe edited by Leonard HAMMER and Frank EMMERT. The Hague: Eleven International Publishing, 2012. 669 pp. Hardcover: £73.

2013 ◽  
Vol 3 (2) ◽  
pp. 419-420 ◽  
Author(s):  
Hae Bong SHIN
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Central And Eastern Europe ◽  
European Convention ◽  
Fundamental Freedoms ◽  
International Publishing ◽  
The Hague

Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights

2011 ◽  
Vol 12 (5) ◽  
pp. 1231-1260 ◽  
Author(s):  
Markus Fyrnys
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Institutional Design ◽  
European Convention ◽  
Current Debate ◽  
Council Of Europe ◽  
European Court ◽  
Judicial Lawmaking

The institutional design of the Strasbourg system that has evolved over the last decades is an expression of contemporary debates surrounding the system's very nature and purpose. The current debate primarily bears on the range of choices that the Council of Europe faces in adapting to the changes in Europe, which largely have been caused by its expansion to cover nearly all post-Communist States of Central and Eastern Europe since the 1990s. This expansion, and with it the extension of the scope of the European Convention on Human Rights (the Convention) to now more than 800 million people in forty seven countries, has confronted the European Court of Human Rights (the Court) with a far broader range of human rights problems than had previously existed. By 2010, the number of pending cases had risen to 139,650 but the Court's adjudicative capacity remains limited.

A Glass Half Empty? Execution of Judgments of the European Court of Human Rights in Central and Eastern Europe

2016 ◽  
Vol 15 (1) ◽  
pp. 285-302 ◽  
Author(s):  
Jernej Letnar Černič
Keyword(s):  
Human Rights ◽  
Central And Eastern Europe ◽  
Legal Culture ◽  
European Convention ◽  
Eastern European ◽  
Transitional Societies ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Eastern European Countries

This article critically examines weak execution of judgements of the European Court of Human Rights from the perspective of on-going innate struggle between ideas of liberalism and illiberalism in transitional societies of Central and Eastern European countries. This article thereafter identifies and analyses the reasons for poor execution of judgements in most Central and Eastern European states from the perspective of (il)liberalism, trying to draw out lessons concerning the understanding of current failures of those states to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Equipped with this knowledge, this article goes on to argue that some common reasons for non-execution of judgement can be identified across Central and Eastern European states. It argues that those reasons can be inter alia located in legal formalisms, authoritarian judicial cultures and lack of self-criticisms of judicial structures. To this end, this article suggests how Central and Eastern European states could overcome the hurdles posed by remains of socialist legal culture in a manner that will live up to their obligations concerning execution of judgements of the European Court of Human Rights.

NGOs before the European Commission and the Court of Human Rights

1996 ◽  
Vol 14 (3) ◽  
pp. 289-302 ◽  
Author(s):  
Marek Antoni Nowicki
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Central And Eastern Europe ◽  
European Convention ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
International Human

Non-governmental organisations play an important part and are indispensable for the effective functioning of the international human rights protection machinery. This article is an overview of the role of NGOs in the procedure under the European Convention on Human Rights. They appear before the Convention institutions in various different capacities. Some of them claim to be victims of human rights violations. Many NGOs, especially human rights organisations, strive to provide assistance to individual applicants. Ratification of the European Convention on Human Rights by countries of Central and Eastern Europe is a great challenge for non-governmental organisations from this region. At the time they play a quite important role in disseminating knowledge on the Convention to the general public. Protocol No. 11 creating soon a new single European Court of Human Rights will open new perspectives also for NGOs.

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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