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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The European Court of Justice on the European Convention of Human Rights

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ISBN13: 9789041104335
ISBN: 904110433X
Published: November 1998
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £220.00

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The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy for 20 years. It has now been 22 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgements. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law.;In this text, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration.;This book is clearly set out with extensive tables to permit the reader to follow in chronological order the development of the Court's thinking regarding each article of the European Convention on Human Rights. It should be a valuable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.

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I. The European Convention on Human Rights in General. II. Article 2: Right to Life. III. Article 3: Freedom from Torture and Other Inhuman or Degrading Treatment or Punishment. IV. Article 5: Right to Liberty and Security of Person. V. Article 6: Right to a Fair and Public Hearing. VI. Article 7: Freedom from Retrospective Effect of Penal Legislation. VII. Article 8: Right to Respect for Privacy and Family Life. VIII. Article 9: Freedom of Thought, Conscience and Religion. IX. Article 10: Freedom of Expression. X. Article 11: Freedom of Association and Assembly. XI. Article 12: Right to Marry and to Found a Family. XII. Article 13: Right to an Effective Remedy Before a National Authority. XIII. Article 14: Prohibition of Discrimination. XIV. Article 1 of 1st Protocol: Right to the Peaceful Enjoyment of One's Possessions. XV. Article 2 of 4th Protocol: The Right to Liberty of Movement within the Territory of a Contracting State, to Choose One's Residence There, and to Leave it. XVI. Article 3 of 4th Protocol: Prohibition of Expulsion of Nationals; the Right of the Nationals to be Admitted to their Own Country. Appendix: Table of Cases by Article; List of Cases by Type of Action.