The Future of the Bosphorus-Presumption after the EU’s Accession to the European Convention on Human Rights

2018 ◽  
Author(s):  
Daniel Engel
Keyword(s):  
Human Rights ◽  
European Convention ◽  
The Future

Fundamental Rights and the Integrity of Union Law

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Fundamental Importance ◽  
The Political ◽  
The Future ◽  
Political Understanding

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.

scholarly journals The future of the European Union’s accession to the European Convention on Human Rights after Opinion 2/13: is it still possible and is it still desirable?

2015 ◽  
Vol 11 (2) ◽  
pp. 239-273 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Eu Accession ◽  
The Future

EU Accession to the European Convention on Human Rights – Hurdles erected by Opinion 2/13 of 18 December 2014 – Analysis of soundness of the ECJ’s reasoning – Discussion of necessary changes to the Draft Accession Agreement – Criticism that not all obstacles can be removed by amending the Draft Agreement – Treaty change may be necessary – Question whether accession is worth it from a human rights perspective under these conditions

3. The Human Rights Act 1998 (HRA)

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Public Authority ◽  
European Convention ◽  
Essential Information ◽  
The Future ◽  
Human Rights Act ◽  
Human Rights Act 1998

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the Human Rights Act 1998 (HRA), which was introduced to allow individuals to argue cases involving rights contained in the European Convention on Human Rights (ECHR) directly before a UK court. It first explains the background and rationale underlying the HRA, focusing on the arguments for and against a Human Rights Act, as well as the human rights that are covered and not covered by the HRA. The chapter then discusses the judicial powers/duties and remedies under the HRA, along with powers of derogation and reservation, with an emphasis on ECtHR case law, the interpretation clause, and declarations of incompatibility with the Convention rights. In addition, it examines the HRA’s use of proportionality and judicial deference doctrines when deciding whether an act by a public authority is incompatible with a Convention right. The chapter concludes by assessing the future of the HRA.

scholarly journals From Interlaken to Copenhagen: What Has Become of the Proposals Aiming to Reform the Functioning of the European Court of Human Rights?

2020 ◽  
Vol 20 (1) ◽  
pp. 121-151 ◽  
Author(s):  
Lize R Glas
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Profound Change ◽  
European Court ◽  
The Future ◽  
Insight Into

Abstract The States Parties to the European Convention on Human Rights have adopted five declarations on the future of the European Court of Human Rights since 2010. These declarations identified problems surrounding the Convention system and proposed reform measures. This article examines what has become of the proposals aiming to reform the Court’s functioning, which will lead to insight into the problems surrounding the system, the type of solutions proposed and whether the declarations have led to change. The article also discusses the background to the conferences and characterises the focus of each declaration. The conclusion is that most proposals have not been implemented, mainly due to principled or practical opposition of the Court, and that the implemented proposals have not led to profound change. The influence of the declarations should not be overstated therefore, although they can be of political significance by offering support to or criticising the Court.

The Future of Informed Consent in British Common Law

1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Informed Consent ◽  
Medical Profession ◽  
Common Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Future ◽  
The Common ◽  
The Law

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.

scholarly journals Legitimacy and the Future of the European Court of Human Rights: Critical Perspectives from Academia and Practitioners

2011 ◽  
Vol 12 (10) ◽  
pp. 1707-1715 ◽  
Author(s):  
Kanstantsin Dzehtsiarou ◽  
Alan Greene
Keyword(s):  
Human Rights ◽  
German Law ◽  
European Convention ◽  
Special Edition ◽  
Civic Society ◽  
Substantive Content ◽  
European Court ◽  
University College ◽  
The Future ◽  
Research Students

In April 2011, University College Dublin (UCD) School of Law research students held their Fifth Annual Postgraduate Conference, the theme of which was “The Legacy and Future of the European Court of Human Rights (ECtHR). Evaluating Sixty Years of the European Human Rights Project.” The articles contained in this special edition of the German Law Journal reflect the efforts made at this conference by its participants. While the papers presented vary quite widely in their substantive content, they are connected by a recurring theme— that the ECtHR faces a crisis of legitimacy. A judgment is legitimate if it is persuasive to the civic society constituted by the European Convention of Human Rights (ECHR), and perceived as authoritative by the subjects affected by the ECtHR's decision. The judgments of the ECtHR are fiercely criticized and their legitimacy is repeatedly questioned by the Contracting Parties and media in particular, and by civic society in general. As it stands, the ECtHR is suffocating from the overwhelming number of applications lodged, and even the tiny percentage of those applications that are decided by it face “a barrage of hostile criticism,” as Michael O'Boyle outlines in his article. The ECtHR's future, to a major extent, depends on how this crisis is tackled.

10. The Future of the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Human Rights ◽  
Legal System ◽  
The Other ◽  
European Convention ◽  
Essential Information ◽  
System P ◽  
The Future ◽  
The Times ◽  
Political Economic ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This concluding chapter assesses the future of the English legal system (ELS). It argues that the ELS will continue to grow and develop in order to move with the times. Each development may individually not have such significant impact on the ELS; however, when coupled with the other development, it is more likely that the development may significantly alter people's understanding of the ELS. Change in the ELS may come from political, economic, legal, social, and international factors. The chapter then considers some of the key debates, events, and activities that may shape the future of the ELS. These issues include the UK's membership in the EU, signatory of the European Convention on Human Rights, and transformation of the justice system.

The European convention on human rights in the XXI century: in search of balance

2021 ◽  
pp. 22
Author(s):  
Christos Giakoumopoulos
Keyword(s):  
Human Rights ◽  
Original System ◽  
European Convention ◽  
Council Of Europe ◽  
National Courts ◽  
The Future ◽  
New States ◽  
The Face ◽  
The One ◽  
Under Construction

The original system established by the European Convention on Human Rights is based on a delicate balance. Initially, this balance was achieved through the establishment of a mechanism sparing national susceptibilities in the face of the ambitious objectives displayed by the European project. The success of the system has led to the reform brought about by Protocol No. 11, strengthening its jurisdictional character. However, having coincided with the fall of the Berlin Wall and the enlargement of the Council of Europe, the system had to face new challenges: the number of potential applicants exceeded 800 million and the accession of new States with political and legal systems in transition and judicial systems under construction have caused litigation before the Court to explode. The process launched in Interlaken ten years ago has consolidated the capacities of the system, especially as the Court has been able to take advantage of it, on the one hand by putting in place innovative and effective measures and p rocedures and, on the other hand, by engaging in dialogue with national courts. Following the Interlaken process and the entry into force of Protocols No. 14, 15 and 16, the question arises as to whether the tools that these instruments have created, so essential for the effectiveness of the system today, will be sufficient to avoid tensions in the future. The groundwork for the future of the system will have to look at the synergies between the Court, the Committee of Ministers and the States Parties, aimed at giving the Convention system all the dimensions of engagement it needs: the jurisdictional dimension, above all, but also that of dialogue, consultation, cooperation and prevention. This will require a coordinated mobilization of all Council of Europe institutions.

Legitimate Expectation and Social Security Law Under the European Convention of Human Rights

2020 ◽  
pp. 138826272096179
Author(s):  
Mel Cousins
Keyword(s):  
Human Rights ◽  
Social Security ◽  
European Convention ◽  
Council Of Europe ◽  
Legitimate Expectation ◽  
European Court ◽  
The Future

The concept of ‘legitimate expectation’ is one which has developed to different degrees in the domestic laws of contracting states of the Council of Europe. The European Court of Human Rights tends to use the term is two related contexts. First, the Court refers to legitimate expectation as a way of expanding the scope of ‘possessions’ within the meaning of Article 1 of Protocol 1 (P1-1) of the European Convention of Human Rights in order to bring an issue within the purview of the Court. Second, the Court uses the term to refer to a person’s expectations as to the future peaceful enjoyment of their possessions. The failure by the Court to define clearly what it means by the term ‘legitimate expectation’ and its use in two different (if related) ways has led to significant confusion in the Court’s jurisprudence as it concerns social security.

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