11. Standing: litigation and the public interest

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Judicial Review ◽  
European Court Of Justice ◽  
Judicial Process ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Human Rights Act

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not assert a right to a remedy, but must have a ‘sufficient interest’ in the matter. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing before the European Court of Justice, standing for public authorities, and standing to intervene.

11. Standing: litigation and the public interest

2021 ◽  
pp. 428-464
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Judicial Review ◽  
Judicial Process ◽  
Public Authorities ◽  
The Public ◽  
Human Rights Act

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not need to assert a right to a remedy, but must have a ‘sufficient interest’ in the matter in dispute. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing for public authorities, and standing to intervene.

scholarly journals Problems affecting the effectiveness of the court authorities in Ukraine and the ways to solve them

2020 ◽  
pp. 135-140
Author(s):  
A.M. Kulish ◽  
Y.S. Sitalo
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
European Court Of Justice ◽  
Main Task ◽  
Court Decisions ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Insufficient Number

The article deals with the main problems affecting the efficiency of the judiciary in Ukraine. The importance of studying this issue is proved in the paper, since justice in Ukraine is exercised exclusively by the courts, and therefore the efficiency of the judicial bodies is one of the factors for the proper fulfillment by the courts of their main task. The main reasons for inefficiency of the judicial bodies in Ukraine are listed and characterized, among them: dependence and influence on judges by the authorities, insufficient funding of the judicial authorities as a whole, overload of courts and insufficient number of judges, inefficiency of the mechanism of enforcement of judgments. The legislation that regulates this issue is analyzed and emphasis is placed on its imperfection in regulating, securing and improving the efficiency of the judiciary in Ukraine. The statistics of the European Court of Human Rights concerning Ukraine have been examined and it is stated that it is one of the leaders among the states against which this Court is considering cases. The decision of the European Court of Justice against Ukraine is analyzed and the most common ones are determined. The factors that influence the work of the judiciary are identified. The extent of influence on the judicial system both by public authorities and their officials and by the public has been investigated. The problem of insufficient financing of the needs of the judicial system is described, and its severity is emphasized. The problem of court overload has been highlighted, its main causes and consequences have been identified and found to be related to the lack of judges. An analysis of the issue of enforcement of court decisions was made, as well as its relevance and the need for a speedy solution. After analyzing and investigating all the above problems, the ways to solve them were suggested, and the conclusion of the study was made, which stated the relevance of these issues, the main problematic issues of the judiciary and emphasized the necessity of their comprehensive and deeper study in order to be further reformed and overcome.

Police

2019 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Dan Squires QC
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Authorities ◽  
The Public ◽  
General Duty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Legal Controls ◽  
False Imprisonment

The police are subject to a range of different legal controls. They have a general duty to uphold the law, and breach of this duty can, in principle, be enforced by way of judicial review proceedings brought by members of the public. If, in the course of enforcing the law, the police detain, arrest, or assault an individual without lawful justification, they can be held liable for the torts of false imprisonment or trespass to the person, and they may also be held liable for the tort of misfeasance in public office if they act maliciously and unlawfully in the purported performance of their duties. as well as statutory torts specifically aimed at the police. The Human Rights Act 1998 provides further significant additions to the claims that can be brought against the police, and these are considered further in chapter 7. Claimants have also sought to establish that the police, like other public authorities, can be held liable for the tort of negligence, and it is such claims that are considered in this chapter.

Property and Expropriation: Two Concepts Revisited in the Light of the Case Law of the European Court of Human Rights and the European Court of Justice

2019 ◽  
Vol 8 (2) ◽  
pp. 172-191
Author(s):  
Sabrina Praduroux
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Economic Value ◽  
Case Law ◽  
European Court Of Justice ◽  
Property Law ◽  
Court Of Justice ◽  
European Court ◽  
Key Concepts ◽  
Domestic Law

Abstract In the late 1950 s René Savatier foretold that the qualification of economic value itself as property (bien) would have been the ultimate evolution of the theory of property rights. This prediction has come true with regard to the case law of the European Court of Human Rights (ECtHR) and the European Court of Justice (CJEU). This paper investigates the implications of the understanding of property developed by the two European Courts on the concept of expropriation itself as well as for the principles governing expropriation law. Hence, the paper illustrates the role played by both the ECtHR and the CJEU in laying down the parameters of legitimacy for national law, including property law. Within this context, the focus falls on cases in which the Courts characterize the facts as deprivation of property requiring for compensation, even though the relevant property could not be the object of expropriation under the domestic law of the defendant State. My contribution brings new insights into the current transformation of the traditional property categories and suggests the reinterpretation of some key concepts of expropriation law.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

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