基本説明
Fully revised to take account of the changes introduced by Protocol 14 in 2010.
Full Description
Now in its third edition, Taking a Case to the European Court of Human Rights is written by an experienced human rights practitioner. It provides practical and accessible guidance on taking cases to the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, legal aid, costs, interim measures, friendly settlement, third party intervention, just satisfaction, enforcement of judgments, and Grand Chamber referrals. An explanation of the key principles underlying the European Convention on Human Rights precedes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention, including derogation, reservation, and damages. The new edition has been fully revised to take account of the changes introduced by Protocol 14 in 2010. The book includes key substantive case law developments, commentary and guidance on the amended Court rules and new practice directions, and recent changes in the Court's processing of cases, together with advice and information on drafting pleadings, fact-finding and merits hearings before the Court.The Court's admissibility criteria, a critical aspect of the Convention system, are dealt with in detail, and a comprehensive set of Court forms and other precedents are included in the appendices.
Contents
FOREWORD BY SIR NICHOLAS BRATZA ; PREFACE ; 1. Introduction - The Council of Europe and the European Convention on Human Rights ; 2. Practice and Procedure of the European Court: The Pre Judgement Phase ; 3. Practice and Procedure of the European Court: Judgment and Enforcement ; 4. Admissibility Criteria ; 5. Underlying Convention Principles ; 6. The Substantive Rights of the European Convention ; 7. Derogation and Reservation ; 8. Just Satisfaction (Article 41) ; 9. Sources of Information on the European Convention on Human Rights ; APPENDIX 1 - European Convention for the Protection of Human Rights and Fundamental Freedoms ; APPENDIX 2 - Rules of Court ; APPENDIX 3 - The Court's Priority Policy ; APPENDIX 4 - Pilot Judgment Procedure ; APPENDIX 5 - Application Form ; APPENDIX 6 - Form of Authority ; APPENDIX 7 - Court Acknowledgement Letters ; APPENDIX 8 - Legal Aid - a Practical Guide ; APPENDIX 9 - Request for Legal Aid ; APPENDIX 10 - Legal Aid Rates ; APPENDIX 11 - National Authorites Competant to Certify the Indigence of Applicants for the Purposes of Rule 102 of Chapter XI of the Rules of Court ; APPENDIX 12 - Notes for Guidance of Persons Appearing at Hearings Before the European Court of Human Rights ; APPENDIX 13 - Table of Dates of Entry into Force of the Convention and its Protocols ; APPENDIX 14 - Composition of the Court (and Sections) ; APPENDIX 15 - Single Judge Decision Letter ; APPENDIX 16 - Committee Decision Letters ; APPENDIX 17 - Rules of the Committee of Ministers ; APPENDIX 18 - European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights ; APPENDIX 19 - Interlaken Decision
