I have just posted my new book chapter on the European Convention’s admissibility article of the lack of a significant disadvantage on SSRN. The contribution, to be published later this year in an edited volume, is entitled ‘Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35§ 3 (b) ECHR’. This is the abstract:
Protocol
14 to the European Convention on Human Rights (ECHR) introduced a new
admissibility criterion: the lack of a significant disadvantage. The
criterion, included after long and very principled discussions about the
accessibility and effectiveness of the European system of human rights
supervision, will be the object under scrutiny in this contribution. The
main issue under review will be whether the concerns in the run up to
the introduction of this admissibility have materialised. Has the
practice of the Court in applying the “lack of a significant
disadvantage” as a threshold at the entrance of the European system
indeed endangered the access of individual applicants to the Court? In
order to answer this question I will first look at the discussions which
led to the creation of this criterion. Subsequently, its scope and
application will be addressed by looking at the jurisprudence of the
Court.
Enjoy reading – includes cases ranging from public transport cards in Prague to demolishing brick walls in Macedonia…
The quote on the tile is from Dutch soccer legend Johan Cruijff: each disadvantage has its advantage.
