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European Court of Human Rights ZS 2010-11
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International Law and Courts Office Number: 304 Metropolitní univerzita Praha, o.p.s.Dubečská 900/10100 31 Praha 10 - StrašniceCourse time: Tuesday Winter Semestr 2010/11, 11.40 – 13.10, Dubečská, No. 109Office hours: Please contact me by appointment, on Tuesday, on Thursday Jarov.
Mgr. Ilona KostadinovováKontakt: [email protected]: http://akilda.webnode.cz/
Session Breakdown:
European Court of Human RightsAn important and relevant theory to this course concerns the history of the court and the role of this court and the basic principles of the proceedings under the court. Focus on the deeper and practical explanation of the role of this court. This lesson looks at some cases.An important and relevant theory to this course concerns the history of the transnational criminal justice and the role of the Council of Europe and the basic principles which establish a common basis for co-operation in criminal matters across Europe and sometimes beyond. This lesson cover such co-operation mechanisms as extradition, mutual legal assistance and the transfer of sentenced persons, specific forms of crime which more often than others have a trans-border dimension, such as organised crime, terrorism and cyber-crime.
This Week´s Readings:
European Court of Human Rightshttp://www.echr.coe.int/echr/ Council of Europehttp://www.coe.int/
European Court of Human RightsIt shall function on a permanent basis.
The Court shall consist of a number of judges equal to that of the High Contracting Parties.
The judge shall be elected for a period of 9 years, they may not be re-elected.
The terms of office of judge shall expire when they reach the age of 70.
Art. 32 – The jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and the Protocols thereto which are referred to it. http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Convention+on+Human+Rights/
The Working of the Court – Rules of European Court of Human Rights
http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/Other+texts/Rules+of+Court/
Rule 19 - Seat of the Court shall be at the seat of the Council of Europe at Strasbourg. http://www.coe.int/The Council of Europe, based in Strasbourg (France), now covers virtually the entire European continent, with its 47 member countries. Founded on 5 May 1949 by 10 countries, the Council of Europe seeks to develop throughout Europe common and democratic principles based on the European Convention on Human Rights and other reference texts on the protection of individuals.
European Convention on Human RightsThe Convention turns 6029/10/2010Since its adoption on 4 November 1950, the European Convention on Human Rights has been supplemented by several Protocols which have added to the rights and freedoms laid down in the original text.
Through its case-law, the Court has had the opportunity to interpret the rights and freedoms defined in the Convention.
In doing so, it has made the Convention a living instrument capable of applying to situations that did not exist or were inconceivable at the time it was drafted.
As a result of the Court’s interpretation, the Convention is a resolutely modern treaty that can adapt to contemporary social issues.
European Convention on Human RightsObligation to respect human rights – Art. 1-The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of the Convention. Art. 2 – 18:Right to lifeProhibition of torture, slavery and forced labourRight to liberty and securityRight to a fair trial – Art. 6No punishment without lawRight to respect for private and family lifeFreedom of thought, conscience and religionFreedom of expressionFreedom assembly and associationRight to marryRight to an effective remedyProhibition of discriminationDerogation in time of emergencyRestrictions of political activity of aliensProhibition of abuse of rightsLimitation on use of restrictions on rights
Case – lawWhat is HUDOC?The European Court of Human Rights HUDOC Portal is a powerful, user-friendly information system which provides free online access to the case-law of the European Court of Human Rights, the European Commission of Human Rights and the Committee of Ministers. The judgments, decisions, resolutions and reports of these bodies are held in a database and can be consulted via a sophisticated search screen.To ensure the most efficient use of the database as a research tool, the Portal is updated regularly and may be searched at any time.In addition, HUDOC is now also available on CD-ROM and DVDhttp://www.echr.coe.int/ECHR/EN/Header/Case-Law/HUDOC/HUDOC+database/List of recent judgmentsList of recent decisions
Case – law citationMode of citation and how to refer to the judgments and decisions of the Court (old and new)
From 1 November 1998, the Reports of Judgments and Decisions of the European Court of Human Rights contain a selection of judgments delivered and decisions adopted after the entry into force of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms.All judgments and decisions of the Court (with the exception of decisions taken by committees of three judges pursuant to Article 28 of the Convention), including those not published in this series, are available in the Court’s case-law database (HUDOC) which is accessible via the Court’s website.
Note on citation – pdf document!
Case – law reports
SHORT SURVEY OF CASES EXAMINED BY THE COURTIN 2005
http://www.echr.coe.int/NR/rdonlyres/C8B96BB2-45AF-49DF-9738-75D5117EA5D0/0/2005analysisofcaselaw.pdf
-Pdf document
Decision as to the admissibility of Application no. 760/04 by Michaela Huserová, administrator in Bankruptcy of Union Banka, a. s. in Liquidation and stroden management limited against Slovakiahttp://cmiskp.echr.coe.int/tkp197/view.asp?item=9&portal=hbkm&action=html&highlight=&sessionid=63183524&skin=hudoc-en
- Please follow word document
The Constitutional Court of the Czech Republic – Brno
http://www.usoud.cz – englisch version of all documents
The Constitutional Court of the Czech Republic is the judicial body responsible for the protection of constitutionalism, and its status and powers are enshrined directly in the Constitution of the Czech Republic.
The seat of the Constitutional Court of the Czech Republic is in the city of Brno.
The Constitutional Court of the Czech Republic – Brno
Act N. 1/1993 Coll. - constitutionArt. 83 – is the judicial body responsible for the protection of constitutionality.
Art. 84 - shall be composed of 15 Justices appointed by the President of the Republic with the consent of the Senate for a period of 10 years.
Art. 87 – jurisdiction (please follow directly the document of the Czech Constitution)
+ Act N. 182/1993 Coll.
Guide on Proceedings on Constitutional Complaints -Word documents-Act N. 182/1993 Coll.-§ 72 Constitutional Complaints
Article 87 para. 1, lit. d) of the Constitution, by a natural or legal person, if she alleges that her fundamental rights and basic freedoms guaranteed in the constitutional order(hereinafter "constitutionally guaranteed fundamental rights and basic freedoms") have been infringed as a result of the final decision in a proceeding to which she was a party, of a measure, or of some other encroachment by a public authority (hereinafter "action by a publicauthority").
Homework:
Write an assay about the role of the constitutional court in your home country.
-6 to 8 pages-will be part of the final written examination
Czech students can choose some other country or Slovak Republic.
Session Breakdown:
The second quiz – some students after this lesson
Ilona Kostadinovová[email protected]
http://akilda.webnode.cz/
Thank you for your attention. I wish you a beautiful rest of the day.
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