Theory and Practice of the European Convention on Human Rights

Pieter van Dijk, Godefridus J. H. Hoof, G. J. H. Van Hoof

Martinus Nijhoff Publishers, 03.06.1998 - 850 Seiten

This is the third edition of Van Dijk and Van Hoof's classic work: "Theory and Practice of the European Convention. The developments which have taken place under the Convention since the second edition was published have been numerous and comprehensive, and the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; and the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice and case-law of both the European Commission and the European Court of Human Rights, and is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission's procedures and working methods, and by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice and case-law of the new Court for many years to come.

Inhalt

• Chapter I: 7
• The territorial scope of the Convention: 13
• The effect of the Convention within the national legal systems: 16
• Drittwirkung: 22
• The European Court of Human Rights: 31
• The Secretary General of the Council of Europe: 39
• complaint: 62
• Chapter II: 71
• The margin of appreciation: 82
• by the Court appraisal: 92
• The Procedure Before the European Commission of Human Rights: 97
• complaints concerning legislative measures andor: 129
• exhausted: 136
• Article 26: 147
• The procedure after an application has been declared: 166
• Chapter IV: 193
• legitimation: 200
• The proceedings before the Court: 213
• The position of the Commission in the proceedings before: 225
• the right of an individual: 235
• for decision it may reserve the question and fix the ensuing: 242
• Request for interpretation of a judgment of the Court: 259
• Chapter V: 267
• Committee of Ministers: 276
• Comparison of the procedure before the Committee: 284
• Analysis of the Rights and Freedoms: 293
• Freedom from torture and other inhuman or degrading: 309
• Freedom from slavery servitude and forced or compulsory: 334
• Right to a fair and public hearing Article 6: 391
• administrative sanctions: 409
• hearing: 433
• Right to respect for privacy Article 8: 489
• or belief: 553
• Freedom of association and assembly Article 11: 586
• remarry?: 609
• Prohibition of deprivation of liberty on the ground of inability: 666
• country: 673
• Expulsion of Aliens Article 1 of Protocol No 7: 682
• convicted: 691
• the caselaw: 697
• persons in an official capacity: 704
• Prohibition of discrimination Article 14: 710

Bibliografische Informationen

• Titel: Theory and Practice of the European Convention on Human Rights
• Autoren: Pieter van Dijk, Godefridus J. H. Hoof, G. J. H. Van Hoof
• Herausgeber: A. W. Heringa
• Ausgabe: illustriert
• Verlag: Martinus Nijhoff Publishers, 1998
• ISBN: 9041105980, 9789041105981
• Länge: 850 Seiten