Month: June 2011
-
German Book on Pilot Judgments
A new book (in German) on the topic of pilot judgments has been published. Jörn Eschment has written Musterprozesse vor dem Europäischen Gerichtshof für Menschenrechte. This is the abstract: Ende 2009 waren beim Europäischen Gerichtshof für Menschenrechte rund 120.000 Beschwerden anhängig. Großen Anteil an dieser
-
Article on European Consensus in Public Law
The article ‘Does consensus matter? Legitimacy of European Consensus in the Case Law of the ECtHR’ by Kanstantsin Dzehtsiarou has just been published in Public Law (July 2011 issue, pp. 534-553). I reported on the working paper earlier here. This is, in short, what the
-
PACE Calls for More Active Role of National Parliaments
The implementation gap between standards and practice is a recurring issue – and rightly so – in discussions on human rights, also in the context of the ECHR. One way to increase correct and more speedy implementation is to activate national parliaments. This is what
-
New French Judge Elected
Last week, the Parliamentary Assembly of the Council of Europe elected a new judge in the Court in respect of France: Mr André Potocki. Potocki received 110 out of 160 votes cast. He will succeed judge Costa, the current judge elected in respect of France,
-
The Convention: a Beanstalk or a Tree?
Baroness Hale of Richmond, justice at the Supreme Court of the United Kingdom, delivered a lecture last Thursday with the intriguing title ‘Beanstalk or Living Instrument? How Tall Can the ECHR Grow?’. It is a nuanced call to the European Court of Human Rights to
-
EU Accession to the ECHR and the Election of Judges
With the accession of the European Union to the ECHR on the horizon, negotiations are ongoing on several levels. One technical issue which needs to be worked out is how the EU wil be involved in the election of judges to the ECHR. Judges, under
-
Op-Eds on the Court
Colm O’Cinneide has posted an insightful blog article about the recent controversies in the United Kingdom about the Court on the UK Constitutional Law Group Blog, entitled ‘In Defence of the Strasbourg Court’. And yesterday, the online version of the Guardian newspaper published my own
-
Paper on ECHR and Extraterritoriality
Barbara Miltner of the University of Cambridge has published a paper on Bepress on the extraterritorial application of the ECHR. It is entitled ‘Revisiting Extraterritoriality: the ECHR and its Lessons’ and connects the scope of the ECHR in Article 1 to the so-called ‘colonial clause’.
-
Loucaides on Cyprus
Loukis Loucaides, former judge at the European Court of Human Rights, has written a short article about the Cypriotic case-law of the Court in the most recent issue of the Leiden Journal of International Law (vol. 24-2, 2011) pp. 435-465. The title of the article
-
Article 6 and Reasoned Verdicts
The role of juries in criminal trials is probably one of the aspects which most facinates the general public. But how do jury decisions square with a defendant’s wish to know on which grounds and considerations he or she has been found guilty? It is