The conflict between immunities and the right of access to court under Article 6 of the European Convention on Human Rights remains one of the most interesting problems in the current Strasbourg jurisprudence. The European Court of Human Rights had to rule repeatedly on interferences with the right of access by State immunity or the immunity of international organisations. It is here that human rights law and public international law are directly conflicting with each other. “Domestic immunities“ of Members of Parliament, judges, the police or the social services have likewise conflicted with the Convention. This book is the first comprehensive work which covers all kinds of immunities and which discusses the entire case-law of the European Court of Human Rights on the matter.
Matthias Kloth(1974), LL.M. (London), worked as an assistant lawyer with the European Court of Human Rights for several years. He is currently working as an administrator in the Directorate General of Human Rights and Legal Affairs of the Council of Europe.
Table of contents
Excerpt of table of contents:
Part I: Introduction
Part II: International Immunities
I. State immunity;
II. Immunity from execution and the right to enforce a judgment
under Article 6 (1) of the Convention;
III. Immunities of Heads of State, foreign ministers, diplomats and
other State officials;
IV. Immunity of international organisations;
V. Other restrictions on the right of access to court for reasons based
in public international law;
Part III: Domestic Immunities
I. The liability of public authorities under English law;
II. Parliamentary immunity;
Summary; Abbreviations; Bibliography.
For legal scholars, students and practitioners in the fields of European Human Rights Law and Public International Law.