Home » THE EUROPEAN COURT OF HUMAN RIGHTS

THE EUROPEAN COURT OF HUMAN RIGHTS

The European Court of Human Rights (ECHR or ECtHR) is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.

An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 47 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, meaning that the Convention is interpreted in light of present-day conditions.

International law scholars consider the ECtHR to be the most effective international human rights court in the world. 

We are the publisher from the European Court of Human Rights since 2013.

The following series we published:

Find below the publications related to the Court.

Liber Amicorum:

Intersecting Views on National and International Human Rights Protection

Liber Amicorum Guido Raimondi

 

Edited by Linos-Alexandre Sicilianos, Iulia Antoanella Motoc, Robert Spano & Roberto Chenal

For decades Guido Raimondi has been a true amicus of the Council of Europe, whose professional eminence is paralleled by his engaging character. Guido Raimondi has been a judge at the Strasbourg Court since May 2010 and became its President on 1st November 2015. His exceptional legal career began more than four decades ago – and has been so rich that it would be futile trying to recall here all the steps that led him to the Presidency of the Strasbourg Court. President Raimondi has been a member of the Judiciary since 1977 – originally in his native Italy. He is also the author of numerous publications in the field of international law, particularly human rights and has taught in a number of Italian universities.

Guido Raimondi’s mandate as President of the European Court of Human Rights was coming to an end in 2019. In view of his departure, his colleagues, judges at the Court, judges in national and international jurisdictions, as well as his Colleagues at the International Labour Organisation and his numerous friends, wish to pay tribute to Guido Raimondi’s, the wealth of his professional accomplishments, which culminated with his Presidency of the Court, as well as his exceptional contribution to the latter institution.

The wide range of topics characterising the present work reflects the diversity characterising Guido Raimondi’s interests, which include not only civil and political rights, but economic and social rights as well, particularly in the sphere of labour law. The different forms of judicial dialogue addressed in the present work further reflect one of President Raimondi’s key contributions. It is against this backdrop that the contributions seek to honour an exceptional personality who has left his mark on the European Court of Human Rights.

Hardcover ISBN: 9789462405172 • 1014 pp.
Softcover ISBN: 9789462405189

 

Mélanges en l’honneur de/Essays in honour of Dean Spielmann

Liber Amicorum Dean Spielmann

J. Casadevall & G. Raimondi (eds)

This Liber Amicorum to Dean Spielmann contains contributions of more than 70 highly esteemed human rights lawyers. The contributions in the book mostly consider developments on Article 8 of the European Convention on Human Rights. The book is to honour the work of Dean Spielmann as lawyer, judge and later as president of the European Court of Human Rights.

After graduating from the prestigious universities of Louvain and Cambridge, Dean Spielmann took up the practice of the law, at which he excelled, until his election as a judge of the Court in 2004. He was elected President of a Section in 2011 and Vice-President in 2012, becoming the President of the Court later that same year.

During his term of office, he has developed relations with both supreme courts and other international courts and contributed to the Strasbourg Court’s high standing in the world, far beyond the continent of Europe. A man of dialogue, he has been from the outset an ardent advocate of Protocol No. 16 to the European Convention on Human Rights, which he has dubbed the “Protocol of dialogue”.

This book brings together contributions from judges and former judges, at national and international level, from academics and from officials of the Court’s Registry, who wished to show their admiration and friendship for him.

Book: ISBN 9789462403642 • 722 pp.

Human Rights in a Global World

Essays in Honour of Judge Luis López Guerra

G. Raimondi, I. Motoc, P. Pastor Vilanova & C. Morte Gómez (eds)

The mandate of Luis López Guerra as a judge at the European Court of Human Rights is coming to an end. On the occasion of his departure, his colleagues and friends wish to pay tribute to the exceptional work he has accomplished during his ten-year tenure at the Court. In his duties, he distinguished himself in the dissemination of the fundamental rights and freedoms protected by the Convention and he was acknowledged for his humanist approach to European litigation.

After completing prestigious studies in law and political science in Madrid and Michigan, he was lecturer in constitutional law and then judge to the Spanish Constitutional Court, as well as Secretary of State for Justice. He was also an expert in numerous institutions, notably the Venice Commission, and Director of the Institute of Comparative Public Law in Madrid.
Elected as a judge of the Court in 2008, he was subsequently appointed by his peers as Vice-president and later President of the third Section of the Court. During his mandate, he participated in the spread of the Court in Europe and throughout the world through his work in the Court and his numerous conferences and articles, particularly on issues relating to justice and European integration.
This work compiles numerous original works dealing with various topical subjects, written by judges of the Court, international and national judges, academics and members of the registry of the Court. Through this Liber amicorum, they wish to show all their friendship and recognition.

ISBN 9789462404298 • 651 pp

The Right to Life under Article 2 of the European Convention on Human Rights

Twenty Years of Legal Development since McCann v. the United Kingdom - in Honour of Michael O’Boyle

L. Early, A. Austin, C. Overy & O. Chernishova (eds)

On 13 February 2015 a Seminar took place in the European Court of Human Rights in Strasbourg entitled “The Right to Life: Twenty Years of Legal Developments since McCann v. the United Kingdom”.

The Seminar was to celebrate the work and achievements of the Court’s Deputy Registrar, Michael O’Boyle, on the occasion of his retirement. This volume contains the submissions made during and after the Seminar, and the order of inclusion of the submissions is based on the three working sessions of the Seminar.

ISBN 9789462403604 • 306 pp.

Freedom of Expression

Essays in Honour of Nicolas Bratza

J. Casadevall, E. Myjer, M. O’Boyle & A. Austin (eds)

Freedom of expression is one of the cornerstones of all democratic systems. Without it ideas about how to protect the common good in our societies would be impoverished. A marketplace of ideas is essential for democracy to thrive. It is for this reason that the European Court of Human Rights attaches such importance to political discourse as well as to speech and other forms of expression that may shock and offend. Yet such freedom may clash with other rights such as the right to privacy, the right to a good reputation. It may even conflict with the need to protect public order or morals. Societies require pluralism if they are to grow yet democracy also seeks to limit extreme forms of speech that preach hate and advocate violence. But are such restrictions on free speech legitimate and by what criteria are we to judge their necessity? We rely on journalists to report accurately the controversies of the day and protect their right not to reveal sources. They also enjoy a broad right of fair comment. But we expect them to be responsible in their factual reporting, to check their sources and to have regard to the need to observe some degree of restraint when reporting or commenting on matters that affect the rights of others. But is it legitimate to interfere with reporting that is in the public interest and how can the law promote responsible journalism?

This collection of essays on freedom of expression contains contributions by distinguished judges and lawyers from many varied backgrounds that explore these themes with a critical eye. The book seeks to honour Sir Nicolas Bratza, President of the European Court of Human Rights, for his outstanding contribution, as a jurist and leading judicial figure, to the protection of human rights in Europe.

ISBN 9789058508683 • 580 pp

Russia and the European Court of Human Rights: A Decade of Change

Essays in Honour of Anatoly Kovler

O. Chernishova & M. Lobov (eds)

The last decade has seen a striking rise in Russian cases before the European Court of Human Rights. The influence of its case-law can be seen in all areas of Russian life, becoming a reality on the ground, a genuine impulse for change. Russia, the Court’s biggest “client”, has also played its part in the major development of the Convention system.

Judge Anatoly Kovler has left his mark on this important period for the Convention and for Russia. Beyond his judicial achievements, which are illustrated by hundreds of judgments, he has become a key figure in the dialogue between the Court and the national authorities, thus acting as a bridge between two different environments.

These theoretical and practical essays are published in his honour by his colleagues and friends. The Russian perspective is presented notably by Valery Zorkin, President of the Constitutional Court, and Tatiana Neshatayeva, former Judge at the Supreme Commercial Court. The decade of change from the Court’s viewpoint is highlighted by, among others, its President Dean Spielmann, former Section President Nina Vajic, Deputy Registrar Michael O’Boyle, and former Registrar and Jurisconsult Michele de Salvia. A personal testimonial by the former President of the Court, Jean-Paul Costa, enriches this book along with Professor Frédéric Sudre’s insight into Judge Kovler’s separate opinions.

Book: ISBN 9789462400658 • 166 pp.

Cohérence et impact de la jurisprudence de la
Cour européenne des droits de l’homme

Liber amicorum Vincent Berger

Edité par: Leif Berg, Montserrat Enrich Mas, Peter Kempees

L’éminent juriste Vincent Berger prend sa retraite après une carrière longue et brillante au sein du greffe de la Cour européenne des droits de l’homme qu’il termine comme jurisconsulte de la Cour. Il est aussi professeur au Collège d’Europe (Bruges et Natolin).

Ses anciens collègues, universitaires, juges et anciens juges de la Cour et membres de son greffe lui offrent cette collection de textes pour lui témoigner leur respect et leur amitié. Ces études érudites et originales font le point sur la place de la Convention et la Cour européennes des droits de l’homme en droit international et national. Elles examinent la cohérence et l’impact de la jurisprudence en mettant ainsi en exergue le rôle primordial du jurisconsulte de la Cour.

Book: ISBN 9789058509963 • 502 pp.

Publications:

Thoughts on Article 15 of the European Convention on Human Rights

P. Kempees

Article 15 of the European Convention on Human Rights allows States, in time of “war or other public emergency threatening the life of the nation”, to take measures derogating from their obligations to protect human rights.

This brief monograph by a member of the Registry of the European Court of Human Rights offers a personal view on the possibilities of derogation in practice. Its aim is to inform discussion on the relevance today of Article 15 as part of the Convention system. Its main focus is on armed conflict both international and non-international and on terrorism. It makes proposals to breathe new life into Article 15.

Book: ISBN 9789462403703 • 98 pp.

From Final Judgment to Final Resolution

Effectiveness of the Execution of Judgments of the European Court of Human Rights in Finland

S. Heikkilä

This study focuses on the execution of the judgments of the European Court of Human Rights in Finland and especially on its effectiveness. The Court has so far delivered 138 judgments against Finland in which one or more violations of the Convention articles were found.

The aim of this research is to study how these judgments have been executed by the Finnish authorities. Since the starting point for the execution of judgments is the Court’s judgment, the study examines first the nature of the Court’s judgments, their finality and binding force, and studies what kind of obligations flow from a final judgment of the Court under Articles 46 and 41 of the Convention. Then the execution procedure and its effectiveness before the Council of Europe organs as well as the domestic authorities are examined. The next two chapters of the research examine in detail all the individual and general measures taken in the Finnish cases and their effectiveness.

Book: ISBN 9789462409590 • 718 pp.

Reports of Judgments and Decisions Cumulative Index 1999-2015

Registry of the European Court of Human Rights (eds)

The Reports of Judgments and Decisions is the official series of leading cases selected by the most senior judges at the Court because of their high jurisprudential interest. This one volume index makes it easy to search for topic and special cases in the case-law of the court from 1999-2015.

 

 

 

Bringing a case to the European Court of Human Rights

A practical guide on admissibility criteria

As of 1 November 2014, about 78,000 applications were pending before a judicial formation of the Court. Although the Court’s docket has been reduced by nearly 50% over the last three years, this still represents a very significant number of cases to be brought before an international tribunal and continues to threaten the effectiveness of the right of petition enshrined in the Convention. The vast majority of cases (92% in 2013) will be rejected by the Court on one of the grounds of inadmissibility. Such cases clog up the Court’s docket and obstruct the examination of more deserving cases where the admissibility requirements have been satisfied and which may concern serious allegations of human-rights violations.The 2010 Interlaken Conference on the reform of the Court called upon the “States Parties and the Court to ensure that comprehensive and objective information is provided to potential applicants on the Convention and the Court’s case-law, in particular on the application procedures and admissibility criteria”. The Court’s first response to the call was to prepare a Practical Guide on Admissibility Criteria which clearly sets out the rules and case-law concerning admissibility. This third edition covers case-law up to 1 January 2014 and the stricter procedural conditions for applying to the Court which came into force on that date. Practitioners and prospective applicants should study this Practical Guide carefully before deciding to bring a case before the European Court of Human Rights.

Saisir la Cour européenne des droits de l`homme

Guide pratique sur la recevabilité

Au 1er novembre 2014, quelque 78 000 affaires étaient pendantes devant les formations judiciaires de la Cour européenne des droits de l’homme. Bien que le nombre de requêtes inscrites au rôle de la Cour ait baissé de près de 50 % au cours de ces trois dernières années, il demeure très important s’agissant d’affaires portées devant une juridiction internationale et il continue de menacer l’effectivité du droit de recours garanti parla Convention. La très grande majorité de ces requêtes (92 % de celles terminées en 2013) se heurteront à un motif d’irrecevabilité et seront en conséquence rejetées par la Cour. Elles engorgent le rôle de la Cour et entravent de ce fait l’examen de requêtes plus légitimes qui satisfont aux conditions de recevabilité et qui peuvent porter sur de graves allégations de violation des droits de l’homme. En 2010, la conférence d’Interlaken sur la réforme de la Cour a appelé « les États parties et la Cour à assurer la mise à disposition des requérants potentiels d’informations objectives et complètes relatives à la Convention et à la jurisprudence de la Cour, en particulier sur la procédure de dépôt de requêtes et les critères de recevabilité ». En réponse directe à cette recommandation, la Cour a élaboré le présent Guide pratique sur la recevabilité qui détaille les règles et la jurisprudence applicables à la recevabilité Cette troisième édition couvre la jurisprudence jusqu’au 1er janvier 2014 et s’arrête sur les conditions procédurales plus strictes auxquelles est subordonnée la saisine de la Cour depuis cette date. Il est recommandé aux praticiens du droit et aux requérants potentiels de lire attentivement le présent guide avant de décider d’introduire une requête devant la Cour européenne des droits de l’homme.

Publications related to the ECHR:

Amici Curiae
32 adviezen aan het Europese hof voor de rechten van de mens
Ashley Terlouw, Janneke Gerards
ISBN (softcover) : 9789058508133

Heropening van procedures na veroordelingen door het EHRM
Over redres van schendingen van het EVRM in afgesloten strafzaken alsook afgesloten civiele n bestuurszaken
Kempen, P.H.P.H.M.C. van
ISBN (hardcover) : 9789058500342