European Court of Human Rights

Trinidad and Tobago European Court of Human Rights, Loizidou v. Turkey.

Provisions recognizing individual rights regarding a clean and healthy environment in national constitutions or laws with constitutional status 38 39 12

The effectiveness of that remedy had been recognized by the European Court of Human Rights.

The Court also observed (p. 265, para. 32) that acts of the EC as such cannot be challenged before Court because the EC is not a Contracting Party .

An analogous result was reached by the European Court in the Dudgeon case.

Austria also implements the decisions of the European Court of Human Rights, since the European Convention on Human Rights is part of the Austrian constitution.

12.21 Before the European Court, the applicants claimed that Turkey had violated, inter alia, article 3 of the European Convention.

The court found that Pavel s ordeal violated several articles of the European Convention on Human Rights and Fundamental Freedoms, to which Russia is a signatory.

The ECtHR found a violation of the European Convention on Human Rights's Article 2, which protects the right of every person to their life, and Article 13.

2.7 The first author submitted a complaint to the European Court of Human Rights.

European Court for Human Rights, applications nos. 5095 71, 5920 72 and 5926 72.

Three of the other parents in the national court suit, and the NHA, decided to bring their complaint to the European Court of Human Rights (hereinafter denominated ECHR)).

The authors in the present communication chose not to submit their cases to the ECHR.

The State party requests the Committee to endorse the European Court's case law in this regard.

4 Larissis and Others v. Greece, European Court of Human Rights, Reports 1998 I, judgement of 24 February 1998.

The European Court of Human Rights had no jurisdiction to pronounce on acts of the European Community as the Community was not a party to the Convention.

For example, the Standard Minimum Rules for the Treatment of Prisoners have provided the basis for the development of the European Prison Rules, which in turn have been used by the European Court of Human Rights in its jurisprudence.

The authors allege before the Committee that the present communication is different from the case examined by the European Court, for two reasons first, the second author did not apply to the European Court secondly, the Court did not recognize the first author's right to bring an action and dismissed the application without considering the case on the merits.

5 Kokkinakis v. Greece, European Court of Human Rights, Series A. No. 260 A, judgement of 25 May 1995.

The pending Bosphorus case before the European Court of Human Rights may provide an illustration.

Crucially, the Court also asserted its authority to invalidate European laws if found by the judges to lack a basis in the European treaties.

However, the Court's judgement had focused on the obligations of High Contracting Parties to the European Convention on Human Rights that were also member States of the European Community.

The most important achievement of the Council of Europe is the European Convention on Human Rights of 1950 with its European Court of Human Rights in Strasbourg, which serves as a de facto supreme court for human rights and fundamental freedoms throughout Europe.

Legal integration is increasing, and European Court verdicts have compelled member countries to change policies.

In his appeal, the author cited the Piersak case decided by the European Court of Human Rights.

When, in 2001, Liechtenstein brought the case before the Court, it based the Court's jurisdiction on article 1 of the European Convention for the Peaceful Settlement of Disputes.

Judgment of 15 July 1964, Case 6 64, European Court Reports (1964), p. 585.

The Commission also underscored the need for continued progress leading to full cooperation with the Tribunal.

No one who has already ruled on a case may do so a second time. This principle has been affirmed by the European Court of Human Rights (Oberschilde case, judgement of 26 May 1991).

He emphasizes, however, that in both cases the speed with which the removal was undertaken denied an effective exercise of a complaint mechanism, a circumstance that for the European Court disclosed a violation of article 34 of the European Convention.

The European Court of Human Rights ruled in 2008 that whistleblowing was protected as freedom of expression.

Besides his academic work, practical experience as a defence counsel in Austria and Turkey as well as before the European Court of Human Rights.

The provision was examined, and complaints against it declared manifestly ill founded, by the European Court.

Moreover, their claim regarding the IG Farben shares was not examined by the European Court at all.

2.8 The file that the authors submitted to the Committee contains a copy of the application to the European Court.

The secretariat of the European Court of Human Rights informed the Committee that in a decision of 3 December 2002 the Court had struck the author's complaint off the roll.

If Khodorkovsky disagrees with the final decision of the Russian courts, he will undoubtedly appeal to that court.

Meanwhile, Shipilov has promised to appeal the ruling, saying that he is prepared to take his case to the European Court.

Indeed, neither the European Court nor the African Commission on Human and Peoples' Rights has expressed to date an opinion on this subject.

The author refers to the European Court of Human Right's case of De Haes and Gijsels v. Belgium.

7 European Court of Human Rights, Judgement No. 66289 01, Py v. France (see www.echr.coe.int).

The European Court of Human Rights, the Committee against Torture and the Inter American Commission on Human Rights have not followed this approach.

Unlike most politically motivated trials, Tymoshenko s case benefits from the oversight of the European Court of Human Rights (ECHR), which recently ruled that her pre trial detention violated the European Convention on Human Rights.

Professor Schrijver provided an international law perspective on sanctions and commented on two sanctions related cases that had been before the European Court of Human Rights and the European Court of First Instance.