The Right to Fair Trial Under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey

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Publisher : GRIN Verlag
ISBN 13 : 3656011850
Total Pages : 29 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis The Right to Fair Trial Under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey by : Stefan Kirchner

Download or read book The Right to Fair Trial Under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey written by Stefan Kirchner and published by GRIN Verlag. This book was released on 2011-09 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, course: Rechtswissenschaft (Völkerrecht), language: English, abstract: Is the right to fair trial applicable to immigration law cases? In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also - and even more importantly - domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients. This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.

The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3656011672
Total Pages : 13 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey by : Stefan Kirchner

Download or read book The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey written by Stefan Kirchner and published by GRIN Verlag. This book was released on 2011-09-20 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, , course: Rechtswissenschaft (Völkerrecht), language: English, abstract: Is the right to fair trial applicable to immigration law cases? In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also – and even more importantly – domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients. This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.

Fair Immigration Proceedings in Europe

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004637192
Total Pages : 528 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Fair Immigration Proceedings in Europe by : Pieter Boeles

Download or read book Fair Immigration Proceedings in Europe written by Pieter Boeles and published by Martinus Nijhoff Publishers. This book was released on 2023-08-14 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fair Immigration Proceedings in Europe deals with international minimum standards for effective and fair immigration proceedings which apply for the region of the European Union. It is the first study to analyze systematically the impact of a wide range of relevant treaties under the UN, the Council of Europe and the European Union on the quality of national immigration proceedings. As a result, a coherent picture has come to the surface, which, despite several lacunae, gives a surprising view of the acquis of binding obligations on EU Member States in this field. Special attention is given to the greater conventions like the Refugee Convention of Geneva, the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the EC Treaty. Because of its systematic structure, the book is readily accessible for quick consultation. It constitutes an important tool for litigation practice and legislation for civil servants, judges, attorneys and researchers. It will also be of interest to academics because of its analysis of the interaction between minimum norms and equal treatment norms when implemented in municipal law.

The Right to a Fair Trial

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Publisher :
ISBN 13 : 9789041148551
Total Pages : 0 pages
Book Rating : 4.1/5 (485 download)

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Book Synopsis The Right to a Fair Trial by : Piero Leanza

Download or read book The Right to a Fair Trial written by Piero Leanza and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice. What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a 'preventive' impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR's case law when handling and deciding cases. The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions. This book focuses on the right to a fair trial as set forth in the ECHR and examines the guarantees provided by Article 6 both in civil and in criminal proceedings. Its coverage is wide-ranging but incisive, and includes such issues and topics as the following: meaning of 'civil right' and 'criminal charge'; disputes related to specific areas such as education, employment, and taxation; applicability to administrative proceedings, military courts, arbitrations, international tribunals, and 'hybrid' courts; legal aid; immunity; admissibility and assessment of evidence; right to a decision within a reasonable time; standing before the Court of Justice of the European Union (CJEU); right to the free assistance of an interpreter; individual case conflicts and possible resolutions; procedure before the hearing takes place; and use of modern technology. Numerous full paragraphs of important ECtHR decisions are included in the text, setting at the reader's disposal relevant passages and reducing research time. The authors also provide two schemes recommending steps that domestic courts should follow to keep the process within the boundaries of a fair trial.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Protecting Human Rights in the EU

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Publisher : Springer Science & Business Media
ISBN 13 : 3642389023
Total Pages : 200 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Protecting Human Rights in the EU by : Tanel Kerikmäe

Download or read book Protecting Human Rights in the EU written by Tanel Kerikmäe and published by Springer Science & Business Media. This book was released on 2013-08-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.

Fair Immigration Proceedings in Europe

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041103246
Total Pages : 536 pages
Book Rating : 4.1/5 (32 download)

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Book Synopsis Fair Immigration Proceedings in Europe by : Pieter Boeles

Download or read book Fair Immigration Proceedings in Europe written by Pieter Boeles and published by Martinus Nijhoff Publishers. This book was released on 1997-03-27 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: TABLE OF CASE LAW.

Article 6 of the European Convention on Human Rights

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Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.X/5 (2 download)

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Book Synopsis Article 6 of the European Convention on Human Rights by : Andrew Grotrian

Download or read book Article 6 of the European Convention on Human Rights written by Andrew Grotrian and published by . This book was released on 1994 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Access to a tribunal

Human Rights in the Council of Europe and the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Human Rights in the Council of Europe and the European Union by : Steven Greer

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Right to a Fair Trial

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Publisher : Intersentia
ISBN 13 : 9781839700941
Total Pages : 380 pages
Book Rating : 4.7/5 (9 download)

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Book Synopsis Right to a Fair Trial by : Päivi Hirvelä

Download or read book Right to a Fair Trial written by Päivi Hirvelä and published by Intersentia. This book was released on 2021-07-25 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, the European Court of Human Rights delivers a large number of judgments, adding to its already extensive case-law. This makes it difficult for people outside the Court to know which cases are the most relevant and break new ground for fair trial issues. This book seeks to respond to that need by focusing on the most important cases and aims to make the content of Article 6 accessible in order to best serve readers? every-day practical legal needs.0The cases are selected following the Court?s Jurisconsult?s opinion of their jurisprudential interest. In addition, the book includes a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the Court?s existing case-law. The case summaries draw the readers? attention to the essential points, allowing them to focus on the jurisprudential significance of a particular case. A clear structure utilising detailed heading helps the reader to quickly find the relevant case-law.

The Right to a Fair Trial in International Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198808399
Total Pages : 1057 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney

Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Implementation of the Right to a Fair Trial Guaranteed by Article 6, Paragraph 1, of the European Convention on Human Rights and of the Provisions Included in Article 6, Paragraph 3, in Particular Procedures

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Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.:/5 (474 download)

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Book Synopsis Implementation of the Right to a Fair Trial Guaranteed by Article 6, Paragraph 1, of the European Convention on Human Rights and of the Provisions Included in Article 6, Paragraph 3, in Particular Procedures by : Council of Europe

Download or read book Implementation of the Right to a Fair Trial Guaranteed by Article 6, Paragraph 1, of the European Convention on Human Rights and of the Provisions Included in Article 6, Paragraph 3, in Particular Procedures written by Council of Europe and published by . This book was released on 1993 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sweden. Switzerland. Turkey. United Kingdom. Ireland.

European Commission of Human Rights / Commission Europeenne des Droits de l’Homme

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Publisher : Springer
ISBN 13 : 9401771731
Total Pages : 287 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis European Commission of Human Rights / Commission Europeenne des Droits de l’Homme by : European Commission of Human Rights, Council of Europe

Download or read book European Commission of Human Rights / Commission Europeenne des Droits de l’Homme written by European Commission of Human Rights, Council of Europe and published by Springer. This book was released on 2014-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Article 6 of the European Convention on Human Rights - the Rights to a Fair Trial-

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Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.:/5 (94 download)

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Book Synopsis Article 6 of the European Convention on Human Rights - the Rights to a Fair Trial- by : Andrew Grotrian

Download or read book Article 6 of the European Convention on Human Rights - the Rights to a Fair Trial- written by Andrew Grotrian and published by . This book was released on 1992 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Access to Justice for Migrants and Asylum Seekers in Europe

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Publisher : Council of Europe
ISBN 13 : 9789287166456
Total Pages : 134 pages
Book Rating : 4.1/5 (664 download)

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Book Synopsis Access to Justice for Migrants and Asylum Seekers in Europe by : Jeremy McBride

Download or read book Access to Justice for Migrants and Asylum Seekers in Europe written by Jeremy McBride and published by Council of Europe. This book was released on 2009-01-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.

Effective Criminal Defence in Europe

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Publisher : Intersentia NV
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Effective Criminal Defence in Europe by : Ed Cape

Download or read book Effective Criminal Defence in Europe written by Ed Cape and published by Intersentia NV. This book was released on 2010 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a

INTERNAT COVENANT CIVIL POL RIGHTS 3E C

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Publisher : OUP Oxford
ISBN 13 : 0191650234
Total Pages : 1042 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis INTERNAT COVENANT CIVIL POL RIGHTS 3E C by : Sarah Joseph

Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.