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Simone Lonati

Case Law of the European Court of Human Rights’, in F. Kalshoven, P.J. Kuyper and J.G. Lammers (eds), Essays on the Development of the International Legal Order (Alphen aan den Rijn: Sijthoff en Noordhoff, 1980), p. 149 s.; F. Ost, ‘Les directives d’interprétation adoptées par la Cour européenne des

Annemarieke Beijer

the recent European Court of Human Rights decision in the Salduz case, the question arises whether the European Convention gives suspects the right to have a lawyer present during the first interrogations by the police. 4 The wording of the Salduz decision by the Grand Chamber is not altogether clear

Thomas Crofts

minimum age of 10 and the trial process violated Article 3 of the European Convention because it represented inhumane and degrading treatment. 85 This case concerned the trial of the two 10 year old boys convicted of killing two year old James Bulger. The majority of the European Court of Human Rights

Irmgard Marboe

Center for Settlement of Investment Disputes, no. ARB/96/1, paras. 95 and 107. 64  Ibid . In that case, the time span was 22 years. In the case of the former King of Greece against Greece before the European Court of Human Rights, in which the applicant brought a claim in relation to his property

Lonneke Stevens

of the European Court of Human Rights. Basing itself on the presumption of innocence the Court holds that a suspect should await his trial in freedom. For obvious reasons, the presumption of innocence and the European case-law are often invoked to either state that today’s pre-trial detention

Cyrille Fijnaut and Letizia Paoli

coordination between external action and Justice and Home Affairs policies is’ stated as ‘crucial in the fight against both terrorism and organised crime’. 55 3.2 … the Council of Europe and the European Court of Human Rights Besides joint projects with the EU, the Council of Europe also takes initiatives of

Paul Arnell

1. Introduction Within the United Kingdom the perception exists that human rights law emanating from Europe hinders extradition. This notion is fostered and held by segments of the press and various politicians. For example, following a decision in the European Court of Human Rights (ECtHR

Anneli Soo

them to the European Court of Human Rights (ECtHR), the eu should develop its own system of remedies. This is important because the right itself may be provided in a directive on higher level than in the echr , which means that the ECtHR may not conclude violation at all. It is also important, as I

R.L.D. Pool and B.H.M. Custers

number of conditions are imposed which may justify an infringement of the fundamental right. Looking at the second paragraph, there are three questions raised by the European Court of Human Rights (ECtHR) which ought to be assessed: (i) Is the interference in accordance with the law? (ii

Henry C. Theriault

. Two days of presentations ranged across a host of issues and legal avenues and mechanisms. Various experts analysed and debated the viability of potential suits in the International Court of Justice, the International Criminal Court, the European Court of Human Rights, foreign national courts, and