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European Human Rights Convention in Domestic Law : A Comparative Study - Andrew Z. Drzemczewski

European Human Rights Convention in Domestic Law

A Comparative Study

Paperback Published: 1st January 1998
ISBN: 9780198255253
Number Of Pages: 394

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The European Convention on Human Rights has had a significant impact on the courts of the Member States of the Council of Europe. the aim of the present study is threefold. First, to determine conclusively whether or not there exists a legal obligation on Member States to incorporate the Convention into domestic law. Secondly. to make a comparative survey of the reception of the Convention on the domestic courts of Member States. In pursuit of this last aim, the author has surveyed the application of the Convention in cases involving relations between individuals; the possibility of references by domestic courts to the Convention as part of the corpus of European Community Law, enforceable in the domestic forum; and the authority of the findings to the organs of the Convention in domestic courts, evidenced either in proceeding to give effect to their findings, or in their use as guidelines to clarify the nature and extent of obligations. The study illustrates the growing imoprtance of the Convention as an autonomous source in the domestic law of States Parties. the author concludes by suggesting that a preliminary ruling procedure be instituted in oredr to ensure the harmonious and uniform application of Convention Law by domestic courts.

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"As a contribution to jurisprudential analysis, Drzemczewski's comments are accurate, informative and disturbing."--Journal of International Affairs
"An important book...."--Law and Justiceespecially by

Prefacep. v
Abbreviationsp. xi
Introductory Commentsp. 1
the Obligations Assumed by the Parties to the Conventionp. 15
International Treaty Obligations and the Conventionp. 20
Determination of the Exact Obligations Imposed Upon the Parties to the Conventionp. 35
Conclusions to Part Ip. 54
the Convention's Domestic Statusp. 57
the Benelux Countries and Francep. 63
Austria, Federal Republic of Germany, Liechtenstein, and Switzerlandp. 93
the Scandinavian Countries and Icelandp. 125
Greece, Italy, Portugal, Spain, and Turkeyp. 142
Cyprus, Ireland, Malta, and the United Kingdomp. 166
Conclusions to Part IIp. 188
Selected Aspects of the Convention's Authority in Domestic Courtsp. 193
Convention Rights and Obligations Between Individualsp. 199
the Domestic Application of the Convention and European Community Lawp. 229
the Authority of the Findings of the European Commission, the European Court of Human Rights, and the Committee of Ministersp. 260
Conclusions to Part IIIp. 326
General Conclusionsp. 330
Select Bibliographyp. 348
Appendix State of Signatures and Ratifications of the European Convention on Human Rightsp. 361
Index of Authors Citedp. 365
General Indexp. 370
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780198255253
ISBN-10: 019825525X
Series: Comparative Study
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 394
Published: 1st January 1998
Country of Publication: GB
Dimensions (cm): 21.54 x 13.89  x 2.24
Weight (kg): 0.52