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Vol 21 No 11 Nov/Dec 2016

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Europe of Rights: A Compendium on the European Convention of Human Rights

Edited by: Javier Garcia Roca, Pablo Santolaya

ISBN13: 9789004219908
Published: March 2012
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £158.00



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This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines.

It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary.

This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic morereflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.

Subjects:
Human Rights and Civil Liberties
Contents:
List of Participants
Preface to the English Edition by Javier García Roca and Pablo Santolaya
i The Preamble, The Convention’s Hermeneutic Context: A Constitutional Instrument of European Public Order by Javier García Roca
ii The Scope of Obligations under The European Convention on Human Rights by Pablo Antonio Fernandez Sanchez
iii Legal Protection of Life: Transformation and Expansion (Art.
2 ECHR and Protocols 6 and 13) by Fernando Rey Martinez
iv Treatment Proscribed under Article 3 of The European Convention On Human Rights by Ana Salado Osuna
v Prohibition of Slavery and Forced Labour: An Example of Integration of International Treaties by Raúl Canosa Usera
vi European Convention Protection of the Right to Liberty and Security: A Minimum European Standard by Fco. Javier Álvarez García and Argelia Queralt Jiménez
vii Initial Approach to The Right to A Fair Trial and to the Demands of Article 6.1 ECHR, In Particular, the Right of Access to A Court by Coral Arangüena Fanego
viii The Right to a Double Degree of Jurisdiction in Criminal Offences by Coral Arangüena Fanego
ix “Reasonable Time” In the Administration of Justice: A Requirement of The European Convention of Human Rights by Ana Salado Osuna
x The Right to a Public Hearing: A Guarantee Downplayed by The Strasbourg Court by José Miguel Vidal Zapatero
xi The Right to an Independent and Impartial Tribunal (Art.
6.1 ECHR): A Specific Minimum Standards Guarantee Rather Than a Rule of Justice by Javier García Roca And José Miguel Vidal Zapatero
xii An Extensive But Not Very Stringent Presumption of Innocence (Art.
6.2 ECHR) by Alfredo Allue Buiza
xiii Requirements in Relation to the Right to a Defence: The Right to Defend Oneself, to Legal Assistance and Legal Aid by Coral Arangüena Fanego
xiv Requirements in Relation to Witness Examination under Article 6.3 D) ECHR by Coral Arangüena Fanego
xv The Right to Be Informed of the Charge (Article 6.3 A) ECHR by Isabel Perelló Doménech
xvi The Right to Be Compensated for Miscarriage of Justice (Article 3, Protocol 7) by Isabel Perelló Doménech
xvii The Weakened Concept of the European Principle of Criminal Legality (Art.
7 ECHR And P7-4) by Susana Huerta Tocildo
xviii The Right toa Private and Family Life (Notably Extended Right to Privacy) by Pablo Santolaya
xix Freedom of Thought, Conscience and Religion (Art.9 ECHR) by Alejandro Torres Gutiérrez
xx The Right to Freedom of Expression in a Democratic Society by Rafael Bustos Gisbert
xxi Freedom of Assembly and Association (Art.
11 ECHR Some Hesitations on a Path of Firm Protection by Juan María Bilbao Ubillos
xxii The Right to Marry (Art.
12 ECHR) by Alejandro Torres Gutiérrez
xxiii The Right to an Effective Remedy before a National Authority Problems of Interpretation (Art.
13 ECHR) by Encarna Carmona Cuenca
xxiv The Prohibition on Discrimination. New Content (Art.
14 ECHR and Protocol 12) by Encarna Carmona Cuenca
xxv Suspending Guarantees of The European Convention on Human Rights (Art.
15) by Pablo Antonio Fernandez Sanchez
xxvi Restrictions on the Political Activity of Aliens under Article 16 ECHR by Juan Fernando Durán Alba
xxvii Abuse of Fundamental Rights and Defence of Democracy (Art.
17 ECHR) by Javier García Roca
xxviii Limiting Restrictions on Rights. Art.
18 ECHR (A Generic Limit on Limits According to Purpose) by Pablo Santolaya
xxix Right of Property and Limits on Its Regulation (Additional Protocol No.
1, Article 1) by Mar Aguilera Vaqués
xxx Right to Education and Educational Pluralism (Commentary to Article 2 of Protocol 1) by Raúl Canosa Usera
xxxi From States’ International Commitment to Organise Free Elections to the Citizens’ Right to Vote and Stand for Election:(Art.
3 P1 ECHR) by Javier García Roca
xxxii Liberty of Movement within the Territory of a State (Article 2 of Additional Protocol No.
4 ECHR) by Nuria Arenas Hidalgo
xxxiii The Prohibition on Expelling and Depriving Nationals of the Right to Enter in Their Own State (Article 3 of Protocol 4) by Juan Fernando Durán Alba
xxxiv Prohibition on the Collective Expulsion of Aliens (Article 4 of Protocol 4) by Juan Fernando Durán Alba
xxxv Guarantees against Expulsion of Aliens under Article 1 of Protocol No.
7 by Juan Fernando Durán Alba
xxxvi The European Convention of Human Rights and Its Member States by María Díaz Crego
index.