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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

Michał Rynkowski

omitted unless they appear in the database of the ECtHR and in literature. 1.2 The Case Law of the ECtHR The European Commission of Human Rights (until 1998) and the European Court of Human Rights (hereafter ECtHR) in Strasbourg, among thousands of judgments and decisions, have issued several hundred

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

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


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.

Bartłomiej Oręziak

copyright law and defamatory content. However, on the other hand, the possibility of independent linking can be interpreted in the context of freedom of expression. It turns out that the analysis of the case law of the Court of Justice of the European Union and the European Court of Human Rights presents a

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.


Edited by Leto Cariolou, Anatoly Kovler, Françoise Tulkens and Dean Spielmann

This collection contains the most important separate opinions of Judge Loukis Loucaides, member of the European Court of Human Rights from 1998 until 2008. It collates a decade of disagreement with the Court's judgments by a judge with strong moral convictions about the interpretation of the Convention. His opinions were largely inspired by the legal principles he was dedicated to serving. Separate opinions offer valuable insight into different trends and schools of thought that inevitably influence the development of the Court’s case-law. Always eager, as he liked to say, “to call a spade a spade”. Judge Loucaides' opinions reflect his unfettered commitment to human rights and make for interesting reading.