Description

Book Synopsis
This collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights. Taking a three part approach, it explores: procedural concerns, principles and jurisprudence, and interaction with national legal systems. With each contributor bringing their own unique perspective and expertise to key human questions of the day, it makes compelling reading for all human rights specialists, be they in academia or practice.

Table of Contents
A. Human Rights and Procedural Law Protecting Human Rights Through Criminal Law: The Revival of the Procedural Obligations Jacopo Roberti di Sarsina / Katharina Braun The European Court of Human Rights and Article 18 – An Indicator for the State of Democracy in Europe? Christiane Schmaltz The Copenhagen Declaration: Wrapping up the Interlaken Reform? Helga Molbak-Steensig B. Fundamental Human Rights Principles Facing New Challenges How many Strikeouts are too many? The ECtHR’s Evolving Approach to Repetitive Cases and the Limits of Efficiency Edith Wagner Protection of Human Rights Defenders and Whistleblowers under Human Rights Law Veronika Bilkova The ECtHR’s Jurisprudence on the Prohibition of Collective Expulsions in Cases of Pushbacks at European Borders: A Critical Perspective Hanaa Hakiki Protecting Democratic Elections Against Online Influence via “Fake News” and Hate Speech – The French Loi Avia and Loi No. 2018–1202, the German Network Enforcement Act and the EU’s Digital Services Act in Light of the Right to Freedom of Expression Dominik Steiger A Culture of Justification or a Culture of Presumption? The Turn to Procedural Review and the Normative Function of Proportionality at the European Court of Human Rights Alain Zysset C. Human Rights and National Legal Orders Judicial and Prosecutorial Independence in Europe: How Politicized Judges and Prosecutors Undermine the Right to a Fair Trial in Eastern Europe and Central Asia Stefanie Lemke The Role and Impact of the European Convention on Human Rights Beyond States Parties: The curious case of the ECHR in Kosovo Beti Hohler and Barbara Sonczyk Extraterritorial Application of Human Rights Law – New Developments with regard to Germany Robert Frau

Theory and Practice of the European Convention on Human Rights

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    A Hardback by Stephanie Schiedermair, Alexander Schwarz, Dominik Steiger

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      Publisher: Bloomsbury Publishing PLC
      Publication Date: 27/01/2022
      ISBN13: 9781509945979, 978-1509945979
      ISBN10:

      Description

      Book Synopsis
      This collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights. Taking a three part approach, it explores: procedural concerns, principles and jurisprudence, and interaction with national legal systems. With each contributor bringing their own unique perspective and expertise to key human questions of the day, it makes compelling reading for all human rights specialists, be they in academia or practice.

      Table of Contents
      A. Human Rights and Procedural Law Protecting Human Rights Through Criminal Law: The Revival of the Procedural Obligations Jacopo Roberti di Sarsina / Katharina Braun The European Court of Human Rights and Article 18 – An Indicator for the State of Democracy in Europe? Christiane Schmaltz The Copenhagen Declaration: Wrapping up the Interlaken Reform? Helga Molbak-Steensig B. Fundamental Human Rights Principles Facing New Challenges How many Strikeouts are too many? The ECtHR’s Evolving Approach to Repetitive Cases and the Limits of Efficiency Edith Wagner Protection of Human Rights Defenders and Whistleblowers under Human Rights Law Veronika Bilkova The ECtHR’s Jurisprudence on the Prohibition of Collective Expulsions in Cases of Pushbacks at European Borders: A Critical Perspective Hanaa Hakiki Protecting Democratic Elections Against Online Influence via “Fake News” and Hate Speech – The French Loi Avia and Loi No. 2018–1202, the German Network Enforcement Act and the EU’s Digital Services Act in Light of the Right to Freedom of Expression Dominik Steiger A Culture of Justification or a Culture of Presumption? The Turn to Procedural Review and the Normative Function of Proportionality at the European Court of Human Rights Alain Zysset C. Human Rights and National Legal Orders Judicial and Prosecutorial Independence in Europe: How Politicized Judges and Prosecutors Undermine the Right to a Fair Trial in Eastern Europe and Central Asia Stefanie Lemke The Role and Impact of the European Convention on Human Rights Beyond States Parties: The curious case of the ECHR in Kosovo Beti Hohler and Barbara Sonczyk Extraterritorial Application of Human Rights Law – New Developments with regard to Germany Robert Frau

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