The European Court of Human Rights has become a victim of ongoing reforms. Continuous efforts to streamline and reinforce the system have proved inadequate in managing the challenge of its ever-increasing caseload. The consensus is that further reforms to the European Convention on Human Rights mechanisms are necessary in order to cope with the serious influx of cases from the 47 Member States of the Council of Europe. This book analyzes the set of five Recommendations referred to in the 2004 Declaration of the Committee of Ministers of the Council of Europe to encourage Member States to take effective domestic steps in ensuring appropriate protection of the Convention rights at the domestic level, in full conformity with the principle of subsidiarity. It also traces and evaluates the impact of the Convention in the domestic legal orders of Cyprus and Turkey and comparatively assesses the effective implementation of the May 2004 Recommendations in these two Member States. The book demonstrates how the efforts to secure the survival and effective operation of the Court must succeed at the national level and hence, the heavy burden to comply falls to Member States. The 2004 Recommendations address the source of the problem and are appropriate prescriptions for a healthy future and constitute a technical vehicle for implementing the Convention in the domestic legal orders of Member States. Such guidelines stemming directly from the Convention are invaluable in assisting Member States to improve the protection of human rights at home. This study is a timely and valuable aid for Council of Europe and Court's officials, governments, human rights NGOs, academics, and practitioners.

The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.

The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).

The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty. See inside the book.

The most comprehensive account on the question of reparation before a human rights court.