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The European Convention on Human Rights, Volume II: Procedure - A Case Commentary

Edited by: Gerhard Kreutzer

ISBN13: 9781049406145
To be Published: December 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £175.00





This authoritative commentary-style work provides a comprehensive overview of the European Court of Human Rights’ (ECtHR) integral case-law related to procedure. It reproduces the core principles derived from jurisprudence, granting readers direct access to the Court’s interpretation of the European Convention on Human Rights and Fundamental Freedoms and the Rules of Court.

Key Features:

  • Enables readers to locate and extract core passages from the ECtHR''s procedural case-law
  • Presents case-law pertaining to cross-cutting matters emerging from the Court’s case-law that have implications across the Convention system
  • Traces the lines of jurisprudence and the evolution of Strasbourg case-law from its inception in 1961 to the present
  • Systematically analyses specific provisions of the European Convention on Human Rights from the perspective of the Court’s case-law, cutting through peripheral detail to consolidate the most critical legal information

The European Convention on Human Rights: Volume II, Procedure is an essential resource for legal practitioners and scholars needing to understand the Court’s position on procedure, and forms an ideal companion to The European Convention on Human Rights, Volume I: Substantive Rights.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Article 1: obligation to respect human rights
2. Article 15: derogation in time of emergency
3. Article 17: prohibition of abuse of rights
4. Article 18: limitation on use of restrictions on rights
5. Article 32: jurisdiction of the Court
6. Article 33: inter-state cases
7. Article 34: individual applications
8. Article 35: admissibility criteria
9. Article 36: third party intervention
10. Article 37: striking out applications
11. Article 38: examination of the case
12. Article 39: friendly settlements
13. Article 41: just satisfaction
14. Article 46: binding force and execution of judgments
15. Article 47 and Article 1 of Protocol No.
16: advisory opinions and Article 29 of the Convention on
Human Rights and Biomedicine (“Oviedo Convention”) – interpretation of the Convention
16. Article 56: territorial application
17. Article 57: reservations
18. Article 58: denunciation
19. Rule 39: interim measures
20. Rule 61: pilot-judgment procedure
21. Rule 80: request for revision of a judgment
22. Cross-cutting issues