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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

Geir Ulfstein and Andreas Zimmermann

1 Introduction In an, at least so far, largely unnoted judgment of 12 October 2017, in the case of Burmych and Others v. Ukraine , 1 the Grand Chamber of the European Court of Human Rights (‘ECtHR’) rejected more than 12,000 applications originating from Ukrainian applicants. It did so

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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

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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.

Jakub Czepek

structural problems. Nevertheless, it is not the only measure of solving large-scale dysfunctions arising from the legal systems of States Parties to the European Convention on Human Rights. The European Court of Human Rights (ECrtHR) has developed several mechanisms designed to eradicate systemic and

Grigory Vaypan

the former or the latter; it is uncommon to build, argue, and decide a case using both. Second, it is a case where the Russian Constitutional Court effectively overruled itself and acted to implement a series of judgments by the European Court of Human Rights on a legal issue affecting almost any

Dominik Haider

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court.

Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

Femke Vogelaar

1 Introduction Country of Origin Information ( coi ) is essential in the assessment of the need for international protection. The European Court of Human Rights (ECtHR) has developed standards with regard to the use of coi in its case law under Article 3 of the European Convention of Human