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Javier Martínez-Torrón

. The European Court of Human Rights (ECtHR) has imposed adjustments on national systems only if necessary for the protection of freedom of religion or belief or other fundamental freedoms included in the echr . 3 The first difficult issue raised by Article 9 echr is how to define the notion of

Sophie van Bijsterveld

1 Introduction The 1993 Kokkinakis judgment was the first in which the European Court of Human Rights (hereafter: the European Court, the Court, or the ECtHR) found a violation of Article 9 of the European Convention on Human Rights (hereafter: the Convention or the echr ), the right

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Edited by Peter Kempees

This volume supplements the current three volumes of A Systematic Guide to the Case-Law of the European Court of Human Rights. It covers the years 1997 and 1998, and follows the same system as the previous volumes. Thus this volume, together with Volumes I, II and III, offers a compilation of relevant passages of all the Court's judgments from 1960 up to and including 1998, arranged according to the Articles of the Convention and its Protocols. The Guide will enable its users to find all the rulings of the Court which may be relevant to a given problem, and will reduce considerably the time and effort needed for research. It will continue to be updated at regular intervals.

Mikael Lundmark

Based on an ongoing case in Sweden, where Girjas Sami village sued the Swedish state for violation of property rights, this article examines the European Court of Human Rights’ potential influence in the Arctic region’s legal system when it comes to protection of property of Arctic indigenous peoples. This article shows that notwithstanding the historical background of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the Court provides a solid foundation to advocate that the Court can take a more active role in protecting the rights of Arctic indigenous peoples. What is different in the case of indigenous peoples is that their rights pre-exist that of a modern state, and this does not correlate with the structure of the Convention, which seemingly leads to less protection under the Convention for indigenous peoples. This puts a higher level of responsibility both upon the applicants, as well as on the Court to scrutinize, and apply, the case law of the Court in line with the Convention and the adopted principle of interpretation.

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Michał Rynkowski

Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.

Frédéric Mégret

only accepted the right to apply individually to the European Court of Human Rights (ECtHR) (Article 25) in 1987, and only recognised the compulsory jurisdiction of the ECtHR under Article 46 in 1990. The issue of the Armenian Genocide was not the only one at stake in ensuring that the ECtHR could not

Angelika Nußberger

an essential element. The European Court of Human Rights (ECtHR) is therefore faced with a panoply of different constitutional models based on deeply held religious beliefs and compromises often only found under duress. Religious pluralism must thus be the starting point whenever the Court is called

Vladimir Tochilovsky

This book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), Special Court for Sierra Leone (SCSL), the International Criminal Court (ICC), the European Court of Human Rights (ECHR) on procedural and evidential matters.
The book contains a digest of relevant decisions, orders and judgments (which are collectively referred to as “decisions”) of the ICTY, ICTR, the Special Court (hereinafter “ ad hoc Tribunals”), the ICC, and the ECHR. The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on it. Most of the decisions on the CD-ROM are in electronically searchable format. The book also includes relevant provisions from the Statutes and Rules of Procedure and Evidence of the ad hoc Tribunals and the ICC, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The book, together with the collections of decisions, will assist practitioners and researchers in studying the jurisprudence of the Tribunals. This jurisprudence reflects the current state of international criminal law. It will inevitably influence approaches of international courts, including the ICC and "hybrid" tribunals, as well as national courts.

Mónika Ambrus

I. Of Margin of Appreciation and Standard of Proof The term ‘margin of appreciation’ is now closely associated with the European Court of Human Rights (ECtHR, Court): the concept has been devised and applied by this Court, but has subsequently also been incorporated, either explicitly or

Lorena Bachmaier

the search of truth, or if it is the expression of a more horizontal model of justice. I will focus on what I consider is the crucial element for the legitimacy of plea agreements, namely the voluntariness. The present study stems partly from the reading of the European Court of Human Rights’ (ECtHR