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Edited by Jeroen Temperman, T. Jeremy Gunn and Malcolm D. Evans

As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.

Clíodhna Murphy

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157181610X491178 European Journal of Migration and Law 12 (2010) 23–43 Th e Concept of Integration in the Jurisprudence of the European Court of Human Rights Clíodhna Murphy Trinity College Dublin, Ireland Abstract Integration has

Sebastian Rimestad

to concentrate on the political approach. I will analyze the interaction between the Moscow Patriarchate and the European Court of Human Rights (hereinafter “ecthr”) following Russia’s accession to the Statute of the Council of Europe in 1996. 2 In concentrating on the political angle, however, I

Fulvia Staiano

extremely significant case-law of the European Court of Human Rights which – between 1996 and 2005 – assessed claims of violation of the right to family life ex art. 8 of the Convention brought by transnational parents excluded from family reunification with their children under Dutch immigration law. In

Kimberley Brayson

published a document stating its top priority to be ‘reforming the European Court of Human Rights and strengthening implementation of the European Convention on Human Rights’. 1 Despite the neutral language of this statement of intent, the aspirations of the uk government were revealed, exposing an

Anicée Van Engeland

expectations and demands stemming from their beliefs or their community, the other dictated by courts, such as the European Court of Human Rights (ECtHR), and by domestic law. 3 Women are told both to veil and not to veil, and their access to the public sphere is monitored, if not restricted. As a result

Kevin Aquilina

? The case law of the European Court of Human Rights 3 (ECtHR) originally answered the question in the negative. But recently the ECtHR has turned over a new leaf and is answering the same question in the affirmative. This paper studies the recent case law of the ECtHR by examining its progressive


Jasmina Mačkić

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

Jamil Ddamulira Mujuzi

1 Introduction The general rule is that if a crime is committed, it is the public prosecutor to institute criminal proceedings against a suspect. Jurisprudence emanating from the European Court of Human Rights and from the Court of Justice of the European Union shows that private prosecutions


Nina-Louisa Arold

While the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.