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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Relationship Between the Domestic Implementation of the ECHR and the Ongoing Reforms of ECtHR

ISBN13: 9789050959940
Published: May 2010
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £66.00

Usually despatched in 1 to 3 weeks.

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 analyses 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 assesses, comparatively, the effective implementation of the May 2004 Recommendations in these two member states.

This book demonstrates how efforts to secure the survival and effective operation of the Court by reducing the ever increasing number of individual applications, must primarily be undertaken at national level so that the burden to comply with the Convention is carried by the member states in the first instance. The 2004 Recommendations, which address the source of the problem, are appropriate prescriptions for a healthy future and constitute a technical vehicle for implementing the Convention in the domestic legal orders of member states. These Recommendations constitute guidelines stemming directly from the Convention and are therefore invaluable in assisting member states in the pursuit 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, who are involved in the ongoing process of reforming the Court.