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Advanced Search Results For "human rights"

1 - 10 of 375 results for
 "human rights"
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Redefining the Concept of Penalty in the Case-law of the European Court of Human Rights.

Publication Type:Periodical

Source(s):European Public Law. Dec2020, Vol. 26 Issue 4, p867-888. 22p.

Abstract:Since the European Court of Human Rights (Court/ECtHR) began to define an autonomous concept of penalty, its case law has been developing on the basis of the Engel criteria. This study aims to reveal the implementation of these criteria by the ECtHR an...

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Autonomy of the EU Legal Order: A Concept in Need of Revision?

Publication Type:Periodical

Source(s):European Public Law. Dec2020, Vol. 26 Issue 3, p705-740. 36p.

Abstract:The issuing of Opinion 2/13 on the European Union's (EU's) accession to the European Convention on Human Rights by the Court of Justice of the EU (CJEU), followed by Case C-284/16 Achmea and Opinion 1/17 on the compatibility with EU law of the Comprehe...

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'Full Jurisdiction' Under Article 6 ECHR: Hans Kelsen v. the Principle of Separation of Powers.

Publication Type:Periodical

Source(s):European Public Law. Jun2020, Vol. 26 Issue 2, p287-306. 19p.

Abstract:This article examines the 'full jurisdiction' requirement under Article 6 European Convention on Human Rights (ECHR) and its implementation within European Court of Human Rights (ECtHR) case law. It first analyses the theoretical foundations for 'full ...

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Austerity Measures at the European Court of Human Rights: Can the Court Establish a Minimum of Welfare Provisions?

Publication Type:Periodical

Source(s):European Public Law. Dec2019, Vol. 25 Issue 4, p535-558. 24p.

Abstract:The European Court of Human Rights has, in specific circumstances, interpreted the Convention in a manner that extends the protection provided under civil and political rights into the socioeconomic sphere. Additionally, in obiter statements, the Court...

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The Relationship Between European Consensus, the Margin of Appreciation and the Legitimacy of the Strasbourg Court.

Publication Type:Periodical

Source(s):European Public Law. Aug2019, Vol. 25 Issue 3, p445-480. 36p.

Abstract:When determining whether a state should be granted the margin of appreciation, often the European Court of Human Rights (ECtHR, the Strasbourg Court or the Court) resorts to the method of European consensus. However, important issues remain unclarified...

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