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The European Court of Human Rights

The European Court of Human Rights. 18th April, 2011. Judicial power vocabulary. to exercise judicial power vršiti, obnašati sudbenu vlast to ensure uniform application of law osigurati jednaku primjenu zakona to relieve from duty razriješiti s dužnosti

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The European Court of Human Rights

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  1. TheEuropean Court of Human Rights 18th April, 2011

  2. Judicial power vocabulary • to exercise judicial power vršiti, obnašati sudbenu vlast • to ensure uniform application of law osigurati jednaku primjenu zakona • to relieve from duty razriješiti s dužnosti • to pronounce judgments publicly javno izreći presudu

  3. Judicial power exam questions • How can we group the 8 types of courts in Croatia (two possible answers)? • Explain the hierarchy of Croatian courts. • Explain the judicial reform of 2012. • What do various courts deal with? • What is the jurisdiction of various courts? • Who appoints judges in Croatia? • What are the requirements for a judicial appointment? • How is the president of the Supreme Court appointed? • When is the public barred from hearnings?

  4. Establishment of the Court November 4, 1950 in Rome: • theConvention for theProtectionof Human RightsandFundamentalFreedomswassignedbythemembersoftheCouncilof Europe September 3, 1953 • theConventionenteredintoforce • Aim: a) to enforce human rightsstatedintheUnited NationsDeclarationof Human Rights (1948) b) to establishtheEuropean Court of Human Rights

  5. European Convention on Human Rights Drafted as a direct response to World War II and to the growth of Communism in the Eastern Europe Drafted in broad terms which requires extensive interpretation by courts when it comes to real situations Drafted in a manner similar to: English Bill of Rights, American Bill of Rights, the French Declaration of the Rights of Man and the first part of the German Basic Law

  6. Consistsof: • Section I (Articles 2 to 18, protecting human rights) • Section II (Articles 19 to 51, settingupthe Court anditsrules) • Section III (concludingprovisions) 15 Conventionprotocolshavebeenopened for signature sinceJanuary 2010 amendingexistingrightsandadding new ones

  7. Articles 2 to 18 • Protects the right of every person to life Belarus – still uses the death penalty (not a member of the Council) Russia - Member of the Council, still has codified death penalty Latvia – capital punishment for murder during wartime • Prohibits torture, inhuman or degrading treatment or punishment (extradiction) • Prohibits slavery and forced labour

  8. Protects the right to liberty, the right to privacy, freedom of thought, conscience and religion, freedom of expression, freedom of assemby and associations, a right to marry • Prohibits discrimination • Protects the right to a fair trial, public hearing, pressumption of innocence, right to examine witnesses, right to an interpreter… • Prohibits retrospective criminalisation of acts • Allows states to derogate from certain rights and to restrict political activity of foreigners

  9. November 1, 1998 the Court was instituted as a permanent entity with full-time judges

  10. The Court • Structure – President of the Court (Mr. Jean-Paul Costa, France) 5 sections (each with a president, two of which are also Vice-Presidents) 5 chambers (one per section consisting of a Section President and 6 judges) the Grand Chamber (17 members)– President, the Vice-Presidents, the Section Presidents and a rotation of judges

  11. President

  12. Application and procedure • allowed to every Contracting State and every individual • it is submitted in Strasbourg 1) a judge decides on the admissability and merit of an application 2) if the application is not striken out it is examined by a Chamber (sometimes the Grand Chamber) 3) a decision of the Court is binding on all member states and must be complied with 4) the execution of the judgements is overseen by the Committee of Ministers of the Council of Europe

  13. The Judges • All member states of the Council of Europe must sign and ratify the Convention • The number of judges corresponds to the number of Contracting Parties (states) – 47 • However, there are no nationality requirements as they are seen as impartial arbiters and not representatives of a country • Judges are elected by the Parliamentary Assembly of the Council of Europe to a single, non-renewable 9 year-term

  14. The Council of Europe

  15. The Council of Europe • founded in 1949 by 10 states “The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.” • the seat is in Strasbourg • currently has 47 member states • official languages are English and French

  16. The bodies and institutions of the Council of Europe • the Secretary General (Mr. Thorbjørn Jagland, Norway) – Glavni tajnik • the Committee of Ministers (permanent representatives of 47 Ministers of Foreign Afairs) – Odbor ministara • the Parliamentary Assembly (parliamentarians from all member states: government and opposition) – Parlamentarna skupština

  17. the Congress of the Council of Europe (political representatives from local and regional authorities in all member states) – Kongres lokalnih i regionalnih vlasti Europe • the European Court of Human Rights • The Commissioner for Human Rights –Povjerenik za ljudska prava • The Conference of INGO’s (international non-governmental organizations) – Konferencija INGO

  18. Vocabulary • Europski sud za ljudska prava the European Court of Human Rights • Opća deklaracija o ljudskim pravima United Nations Declaration on Human Rights • Europska konvencija za zaštitu ljudskih prava i temeljnih sloboda • the Convention for the Protection of Human Rights and Fundamental Freedoms • Vijeće Europe the Council of Europe

  19. Vocabulary • Stupiti na snagu to enter into force • Provoditi ljudska prava to enforce human rights • Odstupati od prava to derogate from rights • Sastaviti pravni dokument to draft a legal document

  20. Podnijeti tužbu Europskom sudu za ljudska prava to submit an application • Odbaciti tužbu to strike out an application • Ratificirati konvenciju to ratify a convention • Ponašati se sukladno odlukama suda to comply with court decisions

  21. Smrtna kazna death penalty, capital punishment • Država članica EU EU member country • Država kandidatkinja Applicant country • Država ugovornica Contracting State

  22. Dopustivost tužbe admissability of an application • Obveziva odluka a biding decision

  23. Thank you!

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