Europe of Rights: A Compendium on the European Convention of Human Rights

ISBN-13: 9789004219908 / Angielski / Twarda / 2012 / 692 str.

Yoram Dinstein; Fania Domb; Javier Garc Roca

Opis

This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.

Spis treści

List of Participants;
Preface to the English Edition by Javier García Roca and Pablo Santolaya;
i The Preamble, The Convention's Hermeneutic Context: A Constitutional Instrument of European Public Order by Javier García Roca;
ii The Scope of Obligations under The European Convention on Human Rights by Pablo Antonio Fernandez Sanchez;
iii Legal Protection of Life: Transformation and Expansion (Art. 2 ECHR and Protocols 6 and 13) by Fernando Rey Martinez;
iv Treatment Proscribed under Article 3 of The European Convention On Human Rights by Ana Salado Osuna;
v Prohibition of Slavery and Forced Labour: An Example of Integration of International Treaties by Raúl Canosa Usera;
vi European Convention Protection of the Right to Liberty and Security: A Minimum European Standard by Fco. Javier Álvarez García and Argelia Queralt Jiménez;
vii Initial Approach to The Right to A Fair Trial and to the Demands of Article 6.1 ECHR, In Particular, the Right of Access to A Court by Coral Arangüena Fanego;
viii The Right to a Double Degree of Jurisdiction in Criminal Offences by Coral Arangüena Fanego;
ix "Reasonable Time" In the Administration of Justice: A Requirement of The European Convention of Human Rights by Ana Salado Osuna;
x The Right to a Public Hearing: A Guarantee Downplayed by The Strasbourg Court by José Miguel Vidal Zapatero;
xi The Right to an Independent and Impartial Tribunal (Art. 6.1 ECHR): A Specific Minimum Standards Guarantee Rather Than a Rule of Justice by Javier García Roca And José Miguel Vidal Zapatero;
xii An Extensive But Not Very Stringent Presumption of Innocence (Art. 6.2 ECHR) by Alfredo Allue Buiza;
xiiiRequirements in Relation to the Right to a Defence: The Right to Defend Oneself, to Legal Assistance and Legal Aid by Coral Arangüena Fanego;
xiv Requirements in Relation to Witness Examination under Article 6.3 D) ECHR by Coral Arangüena Fanego;
xv The Right to Be Informed of the Charge (Article 6.3 A) ECHR by Isabel Perelló Doménech;
xvi The Right to Be Compensated for Miscarriage of Justice (Article 3, Protocol 7) by Isabel Perelló Doménech;
xvii The Weakened Concept of the European Principle of Criminal Legality (Art. 7 ECHR And P7-4) by Susana Huerta Tocildo;
xviii The Right toa Private and Family Life (Notably Extended Right to Privacy) by Pablo Santolaya;
xix Freedom of Thought, Conscience and Religion (Art.9 ECHR) by Alejandro Torres Gutiérrez;
xx The Right to Freedom of Expression in a Democratic Society by Rafael Bustos Gisbert;
xxi Freedom of Assembly and Association (Art. 11 ECHR Some Hesitations on a Path of Firm Protection by Juan María Bilbao Ubillos;
xxii The Right to Marry (Art. 12 ECHR) by Alejandro Torres Gutiérrez;
xxiii The Right to an Effective Remedy before a National Authority Problems of Interpretation (Art. 13 ECHR) by Encarna Carmona Cuenca;
xxiv The Prohibition on Discrimination. New Content (Art. 14 ECHR and Protocol 12) by Encarna Carmona Cuenca;
xxv Suspending Guarantees of The European Convention on Human Rights (Art. 15) by Pablo Antonio Fernandez Sanchez;
xxvi Restrictions on the Political Activity of Aliens under Article 16 ECHR by Juan Fernando Durán Alba;
xxvii Abuse of Fundamental Rights and Defence of Democracy (Art. 17 ECHR) by Javier García Roca;
xxviii Limiting Restrictions on Rights. Art. 18 ECHR (A Generic Limit on Limits According to Purpose) by Pablo Santolaya;
xxix Right of Property and Limits on Its Regulation (Additional Protocol No. 1, Article 1) by Mar Aguilera Vaqués;
xxx Right to Education and Educational Pluralism (Commentary to Article 2 of Protocol 1) by Raúl Canosa Usera;
xxxi From States' International Commitment to Organise Free Elections to the Citizens' Right to Vote and Stand for Election:(Art. 3 P1 ECHR) by Javier García Roca;
xxxii Liberty of Movement within the Territory of a State (Article 2 of Additional Protocol No. 4 ECHR) by Nuria Arenas Hidalgo;
xxxiii The Prohibition on Expelling and Depriving Nationals of the Right to Enter in Their Own State (Article 3 of Protocol 4) by Juan Fernando Durán Alba;
xxxiv Prohibition on the Collective Expulsion of Aliens (Article 4 of Protocol 4) by Juan Fernando Durán Alba;
xxxv Guarantees against Expulsion of Aliens under Article 1 of Protocol No. 7 by Juan Fernando Durán Alba;
xxxvi The European Convention of Human Rights and Its Member States by María Díaz Crego;
index.

O autorze

J. García Roca , Professor of Constitutional Law at the University Complutense (Madrid), has directed three R&D projects on the ECHR and written a monograph on the margin of national appreciation. He is a member of the Executive Committee of the International Association of Constitutional Law. Pablo Santolaya , Professor of Constitutional Law at the University of Alcalá, Vice-President of the Association of Constitutionalists from Spain and Member of the Central Electoral Commission. He works occasionally as a Consultant for United Nations, the Council of Europe and the Organization of American States.