The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries

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Author :
Publisher : Leuven University Press
ISBN 13 : 9789058670908
Total Pages : 68 pages
Book Rating : 4.6/5 (79 download)

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Book Synopsis The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries by : Malgorzata Wasek-Wiaderek (Auteur)

Download or read book The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries written by Malgorzata Wasek-Wiaderek (Auteur) and published by Leuven University Press. This book was released on 2000 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.

Victimology and Victim Rights

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Publisher : Taylor & Francis
ISBN 13 : 1317002296
Total Pages : 279 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Victimology and Victim Rights by : Tyrone Kirchengast

Download or read book Victimology and Victim Rights written by Tyrone Kirchengast and published by Taylor & Francis. This book was released on 2016-10-04 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings

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Publisher : Springer
ISBN 13 : 3319248839
Total Pages : 532 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings by : Ola Johan Settem

Download or read book Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings written by Ola Johan Settem and published by Springer. This book was released on 2015-12-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

European Criminal Law

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Publisher :
ISBN 13 : 1107119693
Total Pages : 705 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Criminal Law by : Kai Ambos

Download or read book European Criminal Law written by Kai Ambos and published by . This book was released on 2018-06-07 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law faces many challenges in harmonising states' criminal justice systems. This book presents a systematic analysis of this legal area and examines the difficulties involved.

The Internationalisation of Criminal Evidence

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Publisher : Cambridge University Press
ISBN 13 : 110701865X
Total Pages : 443 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Internationalisation of Criminal Evidence by : John D. Jackson

Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Privacy, Due Process and the Computational Turn

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Publisher : Routledge
ISBN 13 : 1134619081
Total Pages : 271 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Privacy, Due Process and the Computational Turn by : Mireille Hildebrandt

Download or read book Privacy, Due Process and the Computational Turn written by Mireille Hildebrandt and published by Routledge. This book was released on 2013-06-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.

Human Rights in the Prevention and Punishment of Terrorism

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Publisher : Springer Science & Business Media
ISBN 13 : 3642116086
Total Pages : 885 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Human Rights in the Prevention and Punishment of Terrorism by : Alex Conte

Download or read book Human Rights in the Prevention and Punishment of Terrorism written by Alex Conte and published by Springer Science & Business Media. This book was released on 2010-07-03 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Dawn Raids Under Challenge

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509920161
Total Pages : 324 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Dawn Raids Under Challenge by : Helene Andersson

Download or read book Dawn Raids Under Challenge written by Helene Andersson and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European Commission's dawn raid practices in competition cases from a fundamental rights perspective. In recent years, the Commission has adopted a new and more aggressive enforcement policy, amid a growing awareness that cartels and abuse of market power represent an economic harm and need to be punished. In response, enforcement has been strengthened by the grant of more wide-reaching powers to competition authorities. But how does this impact on the framework of fundamental rights? This study seeks to answer that question by examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertakings, the EU courts' judicial control is not equally balanced. This book is an essential and timely examination of this important question.

Introduction to the European Convention on Human Rights

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Publisher : Council of Europe
ISBN 13 : 9789287157157
Total Pages : 132 pages
Book Rating : 4.1/5 (571 download)

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Book Synopsis Introduction to the European Convention on Human Rights by : Jean-François Renucci

Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci and published by Council of Europe. This book was released on 2005-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

The Right to a Fair Trial

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Publisher : Council of Europe
ISBN 13 : 9789287142979
Total Pages : 168 pages
Book Rating : 4.1/5 (429 download)

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Book Synopsis The Right to a Fair Trial by : European Commission for Democracy through Law

Download or read book The Right to a Fair Trial written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2000-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.

The Statute of the International Criminal Court

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Publisher :
ISBN 13 :
Total Pages : 840 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Statute of the International Criminal Court by : M. Cherif Bassiouni

Download or read book The Statute of the International Criminal Court written by M. Cherif Bassiouni and published by . This book was released on 1998 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 83/2/Add. 1, Criminal Court,1998)

Legacies of the International Criminal Tribunal for the Former Yugoslavia

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Publisher :
ISBN 13 : 0198862954
Total Pages : 673 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Legacies of the International Criminal Tribunal for the Former Yugoslavia by : Carsten Stahn

Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by . This book was released on 2020 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides a multidisciplinary perspective on the contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) to law, memory, and justice. It explores some of the accomplishments, challenges and critiques of the ICTY, as well as some of its less visible legacies.

Handbook on the European Convention on Human Rights

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Publisher : BRILL
ISBN 13 : 9004443835
Total Pages : 771 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Handbook on the European Convention on Human Rights by : Mark Eugen Villiger

Download or read book Handbook on the European Convention on Human Rights written by Mark Eugen Villiger and published by BRILL. This book was released on 2022-12-05 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

Child Welfare and Rights

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Publisher : Taylor & Francis
ISBN 13 : 1040114296
Total Pages : 213 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Child Welfare and Rights by : Kerry O'Halloran

Download or read book Child Welfare and Rights written by Kerry O'Halloran and published by Taylor & Francis. This book was released on 2024-08-01 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines jurisdictional differences in the role of the principle of the welfare interests of the child in common and civil law and focuses on differences within these two legal traditions. By identifying and analysing the functions of the principle both in the public and private sector of family law, the book compares and contrasts different jurisdictions and assesses their capacity to implement children’s welfare interests and rights. Covering a variety of topics including child abuse and neglect, state care, adoption and reproductive rights and family breakdown, the book demonstrates how welfare interests and rights can be balanced to create a coherent framework for family law. In addition to providing an up-to-date digest of cases and legislation, the book will be of interest to researchers in the field of child welfare and family law.

Reed and Murdoch: Human Rights Law in Scotland

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Publisher : Bloomsbury Publishing
ISBN 13 : 1784511943
Total Pages : 1405 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Reed and Murdoch: Human Rights Law in Scotland by : Jim L Murdoch

Download or read book Reed and Murdoch: Human Rights Law in Scotland written by Jim L Murdoch and published by Bloomsbury Publishing. This book was released on 2017-03-17 with total page 1405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Law in Scotland, Fourth Edition provides essential practical guidance to the Scottish legal profession. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR (European Court of Human Rights) jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The fourth edition of this highly regarded work has been fully updated to reflect legislative changes to the Scotland Act 2012 (amending the Scotland Act 1998) and coverage of two new Protocols to the ECHR, as well as new case law and developments in jurisprudence. This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and up-to-date guide to the application of European human rights law in Scotland. Previous print edition ISBN: 9781847665560

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

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Publisher : BRILL
ISBN 13 : 9004434666
Total Pages : 966 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law by : Triestino Mariniello

Download or read book Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law written by Triestino Mariniello and published by BRILL. This book was released on 2021-02-01 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).