scholarly journals Legal Grounds for Restrictions of Human Rights in the European Court of Human Rights Case-Law

2021 ◽  
Vol 4 (4) ◽  
pp. 131-145
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Well Being ◽  
Case Law ◽  
Three Generations ◽  
Historical Progress ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Difference ◽  
Legal Grounds

This article is devoted to the study of the legal grounds for restrictions of human rights in the ECtHR’s case-law. The study stipulates that the concept of generations of human rights, based on the historical progress of ensuring human rights and fundamental freedoms, is a set of rights that require the proper protection and will constantly shift towards large-scale expansion, taking into account changes in society and the achievements of humanity. The study notes that even though at the end of the 20th century, the idea of human rights’ division into three generations (civil and political; social, economic and cultural; collective rights) was proposed in the science of international law, nowadays, it is difficult to clearly attribute certain rights to these categories. The research states that the division of rights into generations is convenient, but it should be noted that the concept of three generations of human rights is based on the historical progress of ensuring human rights and fundamental freedoms. Therefore, the set of rights that require protection will constantly change. The article highlights a few restrictions on human rights and freedoms, mainly concerning the first and second generations. The study determines that the specifics of restrictions of fundamental human rights are directly related to the difference between absolute and relative rights. The ECtHR explains that the objectives of human rights restrictions are substantially expanded and introduced in order to: maintain the state and public safety or economic well-being of the country; prevent riots or crimes; protect health or morals; ensure the rights and freedoms of others; protect the national security, territorial integrity; prevent of disclosure of confidential information; maintain the authority and impartiality of judicial authorities.

scholarly journals Supervision of the execution of The European Court of Human Rights’ case law

2021 ◽  
pp. 33-36
Author(s):  
Corina Siman ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
The Political ◽  
Council Of Europe ◽  
European Court ◽  
Fundamental Freedoms ◽  
European System ◽  
Protection Of Human Rights ◽  
Executive Body

The Convention for the Protection of Human Rights and Fundamental Freedoms empowers the decision-making and executive body of the Council of Europe, id est the Committee of Ministers, to supervise the execution of the European Court of Human Rights’ case law. The mechanism thus established possesses a certain specificity, which is inherent to the European system of protection of fundamental rights. Therefore, both the political nature of the Committee of Ministers and the elements that form the process of monitoring the implementation of the content of the Strasbourg Court’s judgments and decisions are of interest.

scholarly journals The Reopening of Proceedings After the Judgment of the ECtHR in Cases Against Lithuania

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 27-49
Author(s):  
Nika Bruskina
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Administrative Courts ◽  
Administrative Proceedings

The author of this article examines the case law of the Lithuanian courts of general jurisdiction and administrative courts related to the reopening of domestic criminal, civil, or administrative proceedings when the European Court of Human Rights (hereinafter – the ECtHR or the Court) finds a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and/or Protocols in the cases against Lithuania.

scholarly journals CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, PROTOCOL TO THE CONVENTION AND THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A SOURCES OF SUFFRAGE IN UKRAINE

2020 ◽  
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Electoral System ◽  
Case Law ◽  
The State ◽  
Free Expression ◽  
European Court ◽  
Legal Nature ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article is devoted to the study of such sources of electoral law in Ukraine as the Convention for the Protection of Human Rights and Fundamental Freedoms, the first Protocol to the Convention and the case-law of the European Court of Human Rights. The legal nature of these international sources of suffrage in Ukraine is considered. Attention is drawn to the peculiarities of the wording of the right to free election in Article 3 the first Protocol to the Convention. The peculiarities of the application of the above article by the European Court of Human Rights are disclosed. The importance the case-law of the European Court of Human Rights as a source of suffrage in Ukraine is emphasized. This assertion is justified by the fact that the rules of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols are of a general and abstract nature and are interpreted and filled with real meaning in judgments of the European Court of Human Rights, which are of precedent nature. A number of legal positions of the European Court of Human Rights concerning the obligation of the state to organize and hold democratic elections, enshrined in the specific decisions of this international judicial institution, have been analyzed. In the article were covered such legal positions as: the possibility of limiting the suffrage of citizens, provided that such conditions do not interfere with the free expression of the people's opinion on the election of the legislative body; evaluation of the electoral legislation in the light of the political development of the country, taking into account national characteristics; wide discretion of the state in the choice of the electoral system, which will ensure the free expression of the opinion of the people, etc. There are a number of unresolved issues regarding the application of the case-law of the European Court of Human Rights in judicial and administrative practice in Ukraine, one of which is the possible conflict between the case-law of the Court and the rules of Ukrainian law. It is proposed to resolve this conflict at the legislative level. The conclusions focus on the peculiarities of the legal nature of these sources of suffrage in Ukraine. KEY WORDS: sources of suffrage, Convention for the Protection of Human Rights and Fundamental Freedoms, case-law of the European Court of Human Rights, right to free elections.

scholarly journals Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial

2021 ◽  
Vol 5 (1) ◽  
pp. 67-90
Author(s):  
Alla Demyda
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
National Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Principles Of Justice ◽  
The Right

The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.

scholarly journals Study of the case law of the European Court of Human Rights in criminal law matters

2007 ◽  
Vol 79 (9) ◽  
pp. 371-395
Author(s):  
Momčilo Grubač
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Procedural Law ◽  
Inadmissible Evidence ◽  
European Court ◽  
Ne Bis In Idem ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Case Files ◽  
The Right

This study includes certain number of decisions of the European Court of Human Rights that relate to the criminal procedural matters, primarily those constituting the right to a fair trial provided in Article 6 of the Convention for Protection of Human Rights and Fundamental Freedoms. These decisions were analyzed and interpreted in order to establish the practice of the Court in these procedural matters and to enable us to evaluate whether domestic criminal procedural law and its application are in line with this practice. The author dealt with the issues of prohibition to institute legal action twice for the same cause of action (ne bis in idem), immunities and privileges, right to court access, exclusion of inadmissible evidence from the criminal case files, right to the impartial court and right of defense to call and interrogate witnesses.

EU values reflection in ECtHR case law

2021 ◽  
pp. 23-29
Author(s):  
Dmytro Boichuk ◽  
Kateryna Torhashova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Practical Implementation ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article focuses on the importance of the European Union's values in the development of the legal system of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, and for the functioning of the European Union, further integration processes and their reflection in the case law of the European Court of Human Rights. The ideological interpretation and practical implementation of these decisions are reflected.

scholarly journals PROTECTION OF PROPERTY RIGHTS IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2020 ◽  
Vol 4 (6(75)) ◽  
pp. 52-59
Author(s):  
Taisa Tomlyak
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Case Law ◽  
The State ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Proportional Relationship ◽  
The Relationship ◽  
Broad Understanding

The article considers the legal positions of the European Court of Human Rights (hereinafter - Сourt). In particular, the decision of the Сourt in cases of legality of interference with property rights was examined in the light of the provisions of Protocol № 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter Protocol №1 to the Convention). Also, the article specifies the principles that, in the opinion of the Сourt, the state must adhere to when interfering in property rights. In addition, it is established that the concept of "property" within the meaning of Part 1 of Art. 1 of Protocol No. 1 to the Convention has an independent meaning. That is, this concept cannot depend on its legal classification in national law and cannot be limited to ownership of things. Also, we considered a broad understanding in the practice of the Сourt "interests of society" in the application of measures of deprivation of property rights and ensuring a proportional relationship between the goal and the means used. In addition, the relationship between Article 1 of Protocol No. 1 and other articles of the Convention is considered, as issues arising in connection with the use of one's "property" may also relate to other articles of the Convention. Some decisions of the Court of Human Rights and its interpretation of the concepts of "property", "property" and "property rights" are analyzed.

scholarly journals Interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the light of modern concepts of legal understanding

2020 ◽  
pp. 361-365
Author(s):  
Ruslana Liashenko ◽  
Myroslav Dobrovinsky
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Western Europe ◽  
Case Law ◽  
European Convention ◽  
Past Century ◽  
Court System ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article presents the results of theoretical and practical research of the interpretation of the European Convention for the Protectionof Human Rights and Fundamental Freedoms in the light of modern concepts of legal understanding.On July 17, 1997, Verkhovna Rada of Ukraine ratified the European Convention for the Protection of Human Rights and FundamentalFreedoms of 1950 (hereinafter – the Convention), which was the initial stage in the formation and development of Ukrainianlaw and legal science in general. From that moment, a new stage began – the introduction of legal practice and legal values of Europeinto Ukrainian law.The Convention for the Protection of Human Rights and Fundamental Freedoms, as a complex mechanism has a direct effectwithin the jurisdiction of the Ukrainian court system, the principles of interpretation of the Convention applied by the European Courtof Human Rights are valuable and special for judges in Ukraine. One of the main methods of interpreting the Convention is the principleof judicial precedent. Judicial case law is an important part of the legal system of common law states, and the increase in the boundariesof judicial precedent has been observed in Western Europe over the past century. The case law of the European Court of Human Rightsis an additional factor for the official recognition of judicial precedent as a source of law in the protection of human rights, which willhelp strengthen the independence of the judiciary in Ukraine. Nowadays, the use of the Convention for the Protection of Human Rights and Fundamental Freedoms in Ukraine makes it possibleto replace the prevailing positivist views on law, apply the latest principles of interpretation of human and civil rights, and developthe constitutional jurisprudence of fundamental human rights.The Convention opens a new horizon of tasks in the development of democracy in Ukraine, with the basic principles of whichvarious legal acts of the country must be monitored for compliance with fundamental human rights and freedoms.Through the interpretation and use of the Convention, our state has begun a rapid process of moving away from the positivistunderstanding of law, which has resulted in the emergence of the necessary for the further development of pluralism of legal understandingof law.

scholarly journals Od predmeta Mccann do predmeta F.J.M.

2020 ◽  
Vol 41 (1) ◽  
pp. 113-132
Author(s):  
Gabrijela Mihelčić ◽  
Maša Marochini Zrinski ◽  
Renata Šantek
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Proportionality Test ◽  
The Right ◽  
Analyse Case

The authors discuss and analyse case law of the European Court of Human Rights regarding the right to respect for home under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with respect the issue of proportionality. In the paper, the proportionality category was viewed as a criterion for securing protection and as a material precondition for deciding whether the State party's interference with the right to respect for home was proportionate. The cases in which the applicant's eviction occurred after national proceedings for the enforcement of mortgages were addressed. In this context, the genesis of the proportionality category was analysed, from the cases where the Court found it necessary to examine the proportionality to the cases where the Court did not consider the proportionality test necessary.

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