Search icone
Search and publish your papers

The authority of judgments of the European Court of Human Rights

Or download with : a doc exchange

About the author

General public

About the document

Published date
documents in English
7 pages
General public
0 times
Validated by
0 Comment
Rate this document
  1. The invention of television or a succession of discoveries
    1. The discoveries that introduced the invention of television
    2. The birth of the term "television"
    3. From the mechanical television (1925-1931) to the electric television (1932-1945)
  2. Television in the footsteps of players like the radio
    1. The FCC and Congress: state control
    2. The networks: diffusion
    3. U.S. companies: financing
  3. Television and the American public
    1. Television proved to the Americans
    2. The placing of television sets on the market
    3. Programs
  4. Conclusion

The Council of Europe was created just after world war two, on May 5, 1949. It now has 47 members and the primary objective of promoting human rights and democracy by promoting European unity. To do this, the council relies particularly on the "European Convention for the Protection of Human Rights and Fundamental Freedoms' that is supplemented by protocols on the operation and composition of the Court.

This Convention that is of so much importance in today's world came into force in September 1953. The European Court of Human Rights (ECHR) is the only body monitoring compliance with human rights and was born in 1959.

The European Court of Human Rights (ECHR) is the only body that monitors compliance with human rights was born in 1959.It is composed of a number of judges that is equal to the number of High Contracting Parties to the Convention. They function in an advisory capacity and the Court of Strasbourg, has, under Article 32 of the Convention, exclusive jurisdiction, which "extends to all matters concerning the interpretation and application of the Convention and its protocols." It can be grasped by Contracting States (Article33 of the Convention) and by individuals, NGOs or groups of individuals who considering themselves to be victims of a violation of fundamental rights that are guaranteed by the Convention (Article 34).

The judgments of the European Court of Human Rights are endowed with a legal authority that is undeniable. They have the authority of res judicata, "all effects associated with the judicial decision" or "authority that is attached to an act of court and providing a foundation for its execution while preventing a case to be brought before a judge," even if we see that this is only a relative authority.

The finality of the judgments of this court is enshrined in Article 44 of the European Convention on Human Rights and states that only a decision of the Grand Chamber may be regarded as definitive. For rulings by a Chamber (composed of 7 judges), a decision is final in three cases: if the parties declare that they do not wish to request a removal if, after a period of three months from any decision referral request has been made, or if the panel of the Grand Chamber rejects the referral request made by either party.

The importance of the enforcement of the Judgment, is emphasized by the Court in Hornsby v. Greece, 19 March 1997.
However, to increase the authority of its judgments, the Court sometimes outlines the steps to be taken by States to end the violations. This was demonstrated in the case of Assanidze v. Georgia on April 8, 2004, where she prompted the state to proceed with the release of the applicants.

Similarly, to cope with the multiple motions filed in connection with repetitive cases the Court has implemented a procedure known as "pilot judgments".

Broniowski is the first person, who enacted comprehensive measures to cope with an impairment of the legislation and a failure of the Polish administration that affected many people.

Similar documents you may be interested in reading.

Has the judgment of the European Court of Human Rights in Saadi v UK struck the right balance...

 Law & contracts   |  European   |  Presentation   |  09/29/2010   |   .doc   |   4 pages

To what extent is the criminal justice system consistent with article 6 of the European...

 Law & contracts   |  European   |  Presentation   |  09/29/2010   |   .doc   |   6 pages

Recent documents in European law category

The situation of the European Union legal system with regard to international agreements

 Law & contracts   |  European   |  Presentation   |  10/15/2015   |   .pdf   |   3 pages

European Union Law - Commentary: Article 4 of the EU Treaty (Member States'...

 Law & contracts   |  European   |  Term papers   |  07/12/2011   |   .doc   |   4 pages