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The Evolution of the European Convention on Human Rights and Fundamental Freedoms

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This chapter provides an overview of the story of the evolution of the European Convention on Human Rights. It comments on the current crisis facing the Court. It then discusses the origins of the ... More


General principles and equal treatment

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter sets out the role of the general principles in the Union legal order and the sources of those principles. A discussion of the anti-discrimination provisions of the European Convention on ... More


Rights, Legality, and Legitimacy

Paul Craig

in The Lisbon Treaty: Law, Politics, and Treaty Reform

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199595013
eISBN:
9780191729508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595013.003.0006
Subject:
Law, EU Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


Sexual Orientation Discrimination and the European Convention on Human Rights: A Socio-Legal Analysis of Applications against the UK

Paul Johnson

in Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198777618
eISBN:
9780191823176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198777618.003.0002
Subject:
Law, Human Rights and Immigration, EU Law

This chapter provides a sociologically informed historical analysis of applications made under the European Convention on Human Rights against the UK concerning discrimination on the grounds of ... More


The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Ed Bates

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

The European Convention on Human Rights underwent a spectacular evolution over the first fifty years of its life. In recent times the European Court of Human Rights has been compared to a ... More


The Phases of European Integration

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter shows how, from the early beginnings of the efforts of the European idea’s founding fathers up until the present day, the European project has developed along three axes. The first ... More


Europe

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0002
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes the relevance of the following to tort law: the European Convention on Human Rights (ECHR); case law of the European Court of Human Rights; legislation of the European Union ... More


Europe

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0002
Subject:
Law, EU Law

This chapter deals with Europe and starts with introductions to comparative law and ius commune as well as the European Court of Human Rights and the European Convention on Human Rights. The main ... More


Introduction

Helen Keller, Magdalena Forowicz, and Lorenz Engi

in Friendly Settlements before the European Court of Human Rights: Theory and Practice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199600977
eISBN:
9780191595820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600977.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This introductory chapter begins with discussions of the broader use of friendly settlement in the daily life of the European Court of Human Rights (ECtHR) daily life and the legitimacy of friendly ... More


Human Rights and European Law: Building New Legal Orders

Mary Arden

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

This book includes work on the legal protection of rights, contributing to the growing public judicial debate surrounding the national and transnational protection of individual rights. The book ... More


Human Rights and Civil Wrongs: Tort Law under the Spotlight

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0015
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the effect of the jurisprudence of the European Convention on Human Rights on the law of tort. The Convention has informed developments in some areas of English tort law, but in ... More


Analysis of the Court’s Practice in Selected Areas

Helen Keller, Magdalena Forowicz, and Lorenz Engi

in Friendly Settlements before the European Court of Human Rights: Theory and Practice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199600977
eISBN:
9780191595820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600977.003.0005
Subject:
Law, Human Rights and Immigration, EU Law

The European Court of Human Rights's (ECtHR) jurisprudence relating to friendly settlements sometimes lacks uniformity and is difficult to classify into precisely circumscribed categories. In order ... More


Fundamental Rights and the Integrity of Union Law

Julio Baquero Cruz

in What's Left of the Law of Integration?: Decay and Resistance in European Union Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780198830610
eISBN:
9780191868764
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830610.003.0006
Subject:
Law, EU Law

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the ... More


Future of Friendly Settlements

Helen Keller, Magdalena Forowicz, and Lorenz Engi

in Friendly Settlements before the European Court of Human Rights: Theory and Practice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199600977
eISBN:
9780191595820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600977.003.0006
Subject:
Law, Human Rights and Immigration, EU Law

This chapter summarises the findings of the study and makes reform proposals for a better management of friendly settlements. The proper handling of friendly settlements requires a high degree of ... More


Building a Better Society

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0003
Subject:
Law, Human Rights and Immigration, EU Law

This chapter is based on a speech made in 2008 and begins with the author’s thoughts about the first ten years after the Human Rights Act 1998 came into force. It then makes and develops the ... More


Constitutionalization of European Private Law: XXII/2

Hans Micklitz (ed.)

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

The impact of human rights and fundamental rights on private law has gained increasing prominence over the last five to ten years and has led to a number of in-depth studies. ‘Constitutionalization ... More


Introduction

Paul Johnson

in Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198777618
eISBN:
9780191823176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198777618.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

The introduction describes in broad terms the role that the European Convention on Human Rights has played in the development of ‘gay rights’. It considers how gay men and lesbians have used the ... More


Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights

Paul Johnson

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198777618
eISBN:
9780191823176
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198777618.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

Since its inception, the European Convention on Human Rights has been a beacon of hope to gay men and lesbians in Europe. This book provides a comprehensive account of how individuals in the UK have ... More


Conclusion

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 7 concludes the analysis of the book. It shows how by means of three circles—the law of the European Union, the law of the European Convention on Human Rights, and domestic law—a European ... More


Proportionality: The Way Ahead?

Mary Arden

in Human Rights and European Law: Building New Legal Orders

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198728573
eISBN:
9780191795411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728573.003.0005
Subject:
Law, Human Rights and Immigration, EU Law

According to the proportionality principle, no state or official or institution can interfere with an individual’s rights under the European Convention on Human Rights or under EU law, unless it is ... More


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