Theory and Practice of the European Convention on Human Rights

Cover
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.
 

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Inhalt

Chapter I
1
The territorial scope of the Convention
7
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
hearing
433
Right to respect for privacy Article 8
489
1
544
6
554
2
572
Procedural safeguards
633
to fulfil a contractual obligation Article 1 of Protocol No 4
666
Necessary in a democratic society
667

The margin of appreciation
82
by the Court appraisal
92
The Procedure Before the European Commission of Human Rights
97
General
129
Article 26
145
requirement of the sixmonth rule
162
Chapter IV
193
legitimation
200
Court
225
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
treatment or punishment Article 3
309
Right to a fair and public hearing Article 6
391
country
673
110
674
Freedom of thought conscience and religion Article
681
Chapter VIII
695
112
696
Freedom to receive and impart information and ideas general
697
Prohibition of discrimination Article 14
710
127
712
emergency Article 15
730
The subject and content of the expression
735
society
771
129
787
133
797
554
809
565
815
3
827
Urheberrecht

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