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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.…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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The Economist’s View on the Court
Charlemagne, the European columnist of the Economist wrote an Op-Ed earlier this month on Europe’s two highest Courts: Supreme muddle – Europe’s highest courts can be annoying, but they do more good than harm. The gist of the article is that even…
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Article on Children’s Right to be Heard
Aoife Daly of Trinity College Dublin has written an article on the rights of children in legal proceedings, entitled ‘The right of children to be heard in civil proceedings and the emerging law of the European Court of Human Rights’. It was…