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The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.
Sommario
1. The basics of the convention system; 2. The Court's overall argumentative approach - mediating between the abstract and the concrete; 3. Principles governing the interpretation and application of convention rights; 4. Methods of convention interpretation; 5. Positive and negative obligations; 6. Vertical and horizontal effect; 7. The margin of appreciation doctrine; 8. Justification of restrictions I - lawfulness; 9. Justification of restrictions II - legitimate aim; 10. Justification of restrictions III - necessity, proportionality and fair balance.
Info autore
Janneke Gerards is professor of fundamental rights law at Utrecht University and Dean of the Legal Research Master. Her research focuses on European and national fundamental rights law, equal treatment law, judicial review, constitutional law and new technologies. Her activities outside the university include being a deputy Judge in the Appeals Court of The Hague. She is also a member of the Netherlands State Committee against Discrimination and Racism and of the Advisory Board of the Netherlands Human Rights Institute. Since 2015, Janneke Gerards is a member of the Royal Netherlands Academy of Arts and Sciences.
Riassunto
This book offers an insight in the principles and concepts that are key to understanding the European Convention on Human Rights. It explains which tools help the European Court of Human Rights decide on the many cases brought before it, illustrated by numerous examples taken from the Court's judgments.
Prefazione
Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
