The thesis examines one of the latest novelties in the work of the ECtHR - Pilot Judgement Procedure. The thesis covers all the aspects of the PJP such as an introduction of the procedure and its reasons, its main objectives, theoretical basis, practical application, and effectiveness.

L'intérêt de l'enfant est une notion bien connue du droit de la famille des Etats membres du Conseil de l'Europe. C'est sans doute le cas du droit grec de la famille qui érige l'intérêt de l'enfant en règle fondamentale. Or, ce principe cher au droit interne, visant la protection de l'enfant, franchit les frontières nationales et obtient un caractère européen grâce à la jurisprudence européenne concernant la vie familiale. En effet, en statuant sur les « contentieux familiaux européens », le juge de Strasbourg consacre ledit principe, met en avant sa valeur indubitable et forge son contenu de base. Sans imposer d'évaluations uniformes de l'intérêt de l'enfant, la Cour EDH pose les lignes directrices de sa détermination. Toutefois, malgré le dynamisme de la construction jurisprudentielle européenne portant sur l'intérêt de l'enfant dans le cadre de la garantie de la vie familiale, en Grèce l'appréciation dudit intérêt reste pour le moment une question interne. Il n'y a pas de contact entre l'ordre juridique grec et le système de la Convention, puisque le premier ne se réfère pas systématiquement au second et la jurisprudence européenne contre l'Etat grec est isolée / The interests of the child is a well known concept in family law of Council of Europe Member States. Greek family law is not an exception to this rule: the interests of the child is one of its fundamental principles. However, this valuable concept of internal law, aiming at children's protection, has crossed the national borders and gained a European personality thanks to the ECHR case – law concerning family life. While ruling on these cases, Strasbourg Court underlines the significance of the notion and has elaborated its main guidelines without imposing identical evaluations.Despite the activity of the ECHR on this field, interest of child approach is a strictly national issue in Greece. The lack of contact between the Greek law and the ECHR case – law is more than obvious. The former nearly ignores the latter, while the relevant cases against Greece in this area remain few.

No description available.

This review is an attempt to analyze the published materials on precedent law of the European Court on Human Rights. The article analyzes the case law activity by the European Court on Human Rights, its influences on national legal systems. The precedent law of the European Court on Human Rights is one of the complicated issues, because there is not general theoretical view on it. The precedent law of the Court is developing and gains new features. The Court uses its previous consequences in previous decisions on a subsequent case as a precedent norm. The Court creates a case law system that influences legal reforms in national legal order.

The right to an effective remedy is a fundamental principle of international human rights law, crucial for the protection of individuals, especially for asylum seekers who have faced human rights violations in their countries of origin. Due to the importance of this right, it was included in art. 13 of the European Convention on Human Rights (ECHR), however, this article did not provide a clear definition of what is an effective remedy. The European Court of Human Rights (ECtHR), as the judicial body responsible for the application of the ECHR, discussed the right to an effective remedy in many cases in which the applicants claimed that their right to an effective remedy has been violated. The Court did not provide a specific definition rather it provided requirements for a remedy to be effective which will be discussed in this thesis. As the ECHR is applied to "everyone" as provided in article 1 of the Convention, asylum seekers can claim the violations of their right to an effective remedy before the ECtHR. This can provide a significant guarantee in the protection system for asylum seekers in different ways.   Art. 13 of the ECHR stipulated the national authorities are the main responsible for providing the right to an effective remedy. In case the national authorities failed in providing such remedy, hence the role of the ECtHR comes to provide such remedy which is known as the principle of subsidiarity. Also, as asylum seekers are the more vulnerable groups for forcible refoulement, it became important to discuss if the right to an effective remedy can be protect them against such refoulement.   This thesis aims to investigate the right to an effective remedy as evolved by the case law of the European Court of Human Rights. It analysis the interpretation of this right by the ECtHR to explain its requirements, type, and scope of application, Also, it focuses on the principle of subsidiarity and how it can be applied in this regard. Finally, it discussed the implementation of the right to an effective remedy in conjunction with the principle of non-refoulement to explain the scope of protection that can be guaranteed for asylum seekers against forcible refoulement.

Yes / The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the member states. It briefly outlines the early case law which transformed the legal order and the preliminary reference procedure as an important element of that transformation and then considers the extent to which the ECJ continues to act in ways which are transformational even though the legal order itself has remained relatively static. The EU citizenship jurisprudence serves as a useful example of how integration is driven forward by the Court. This paper argues that the Court’s decisions do continue to have significant impact on areas of law and policy and EU governance generally. It illustrates this argument using gender equality law and the Human Rights as pertinent examples and concludes that the ECJ remains relevant in governance terms as it continues to drive forward EU integration in many areas and influence the development of law and policy across the member states.

Yes / Le Brexit représente le changement le plus important dans les relations que le Royaume-Uni a entretenu avec l’Europe et le monde depuis la fin de la Seconde Guerre mondiale. La décision britannique de mettre fin à plus de quatre décennies de participation au projet européen, la détermination du gouvernement de Theresa May à extraire son pays de l’Union Européenne (UE), mais aussi de l’Union douanière, du Marché intérieur, de la juridiction de la Cour Européenne de Justice, de l’ensemble des règlementations européennes, et même de la Convention Européenne des Droits de l’Homme, ont des implications multiples et lourdes de conséquences dans de vastes domaines. Le Royaume-Uni est certes le premier pays affecté, et ce sur tous les plans. Toutefois, la France et l’Allemagne, ainsi que le projet européen, sont aussi directement concernés par ce divorce qui laisse présager d’importantes répercussions économiques et politiques, mais aussi un déclin progressif de leur voisin d’outre-Manche, avec les conséquences qui pourront en découler.

My dissertation project seeks to understand when and how do national judges play an active and significant role in how international legal orders do or do not affect their polities. Specifically, I look at when and how British judges play a role in how European Union law through the European Court of Justice and European human rights law through the European Court of Human Rights affect the British polity. These international legal orders contain both vertical and horizontal aspects. Vertical aspects include the highest court and its judges defined by the treaty, which operates as the international, hierarchical authority on the treaty and is tasked with ensuring the compliance of the member states of the treaty. Horizontal aspects include member state courts and judges who interact with other member state courts and judges as equals voluntarily to share an understanding of the law. Britain is interesting because it may seem like a counterintuitive place to find such dynamics. Britain has a strong resistance to international authority, a deeply entrenched idea of Parliamentary Supremacy, and a dualist legal tradition where Parliament translates international law into domestic law prior to its use by the courts, which contributes to a lack of expectation of British judges engaging in international judicial activism, making Britain a hard case. In this context, we should expect that international law only matters to the extent that domestic actors are forced to incorporate it by a strong international legal order with vertical supremacy and unambiguous authority. To the contrary, my dissertation shows that British judges are quite active in many international legal orders in ways that do not merely reflect the degree of established vertical legal authority. Through dynamics that are quite autonomous from British politicians' difficult interactions with international authority, British judges play a very active role in managing and integrating international law into British politics. To see these dynamics and understand how international law has affected British politics, we must pay special attention to horizontal legal integration. Horizontal legal integration occurs when judges intentionally and selectively borrow legal concepts and precedents from other national or international jurisdictions.

The European Court of Human Rights - Enforcement of Judgement and its Comparison with the Procedure of the European Court of Justice of the European Union Abstract This thesis aims to provide an overview of the enforcement of judgments of the European Court of Human Rights, following the proceedings held before that court, without which enforcement proceedings cannot be opened. The thesis is focused both on the bodies of the Council of Europe, which play a key role in this process, as well as the national bodies and the measures adopted by them in accordance with the judgments of the European Court of Human Rights. The author also focuses on the mechanisms applied both for the implementation of the measures, and during the supervisory activities of the bodies of the Council of Europe. Within a comprehensive perspective, the author focuses on the execution of judgments of the European Court of Human Rights in three Central European countries, in order to compare both the anchoring of international human rights protection in the legal systems of these countries, and the systematics of the bodies involved in the judgment enforcement, demonstrating, on concrete cases, the practical steps during the enforcement of the ECHR judgments in the Czech Republic, Slovak Republic and Austria. Considering the fact that...

The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquo / field. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.