This is a practical and detailed reference guide to the procedure for taking a case to the European Court of Human Rights (“ECtHR”). As well as explaining the principles of the European Convention on Human Rights (and its role in UK law), the book provides step-by-step guidance on the practices and procedures involved in bringing a case before the ECtHR, ensuring that practitioners have a comprehensive guide to practising in the Court.
The new edition will provide an update on the relevant procedures, case law and problem areas, as well as including a clear explanation of the organisation and structure of the ECtHR, the latest trends in case sources and topics, and coverage of key provisions and general principles organised by subject area.
The place of the European Convention within UK law continues to grow in importance and as we are offering a practical guide to the Court and its procedure, it is essential that we maintain a regular cycle for the book to ensure that our readers are up to date. The new edition will update the content with current practice and procedure and general principles, as well as including new case law and areas of importance (such as extraterritoriality/jurisdiction, electoral rights, torture issues which have arisen out of cases relating to the war on terrorism, and the right to life).
Part I : PRACTICE AND PROCEDURE
Procedure before the European Court of Human Rights
Outline of Procedure
Legal aid and representation
Sources of case-law
Part II: PROBLEM AREAS
General principles – fairness - Criminal charge - Civil rights and obligations Access Adequate time Appeals Costs in court Double jeopardy Entrapment and agents provocateurs Equality of arms Evidence Independence and impartiality Information about the charge Interpretation Juries Legal aid in civil cases Legal representation in criminal proceedings Legislative interference Length of proceedings Presence in court Presumption of innocence Public hearing and judgment Reasons for decisions Retrospectivity Right to silence Sentencing Tribunal established by law Witnesses
Abortion Aids Armed Forces Arrest Childcare Compensation for detention Corporal punishment Defamation and the right to reputation Deprivation of liberty Derogation: states of emergency Detention pending extradition and expulsion Discrimination Education Electoral rights Environment Euthanasia Expropriation, confiscation and control of use Extradition Forced labour Freedom of assembly Freedom of association Freedom of expression Freedom of movement Gypsies and minorities Hindrance in the exercise of the right of individual petition Home Homosexuality Housing and tenancy Immigration and expulsion Interception of communications Marriage and founding a family Mental health Pensions Planning and use of property Pre-trial detention Prisoners’ rights Private life Property Reasons for arrest and detention Religion, thought and conscience Remedies Review of detention Right to life Surveillance and secret files Tax Torture, inhuman and degrading treatment Transsexuals Welfare benefits
IV. JUST SATISFACTION
A. General principles B. Pecuniary loss C. Non-pecuniary loss D. Legal costs and expenses E. Default interest
The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms