The article offers an overview of the general principles of the Article 10 of the European Courts of Human Rights (ECHR) and the right to freedom of expression prior the consideration of the impact that Article 10 had on domestic law. It mentions the general principles concerning the nature ...
Human Rights beyond Ideal Morality: The ECHR and Political Judgment The aim of the article is to propose and defend a distinctively political reading of the European Convention of Human Rights. Drawing on a range of different sources, my core claim is that realistically construed considerations of...
This article aims at analysing the impact of the rules of engagement and the training of security forces in the determination of the positive, negative and procedural duties of States under article 2 of the ECHR. Its purpose is to explain why the Court's decisions should consider the issues ...
echr. coe. int/ECHR/EN/Header/Case-Law/Decisions +and+judgments/HUDOC + database/,2012年12月27日最后访问. [22]参见F·门策尔:《司法审判公开与德国当代判例数据库》,田建设整理,载《法律文献信息与研究》2009年,第4期,第33页. [23]根据德国《法院组织法》169条规定了审判公开原则,第170-172条规定...
CRIMINAL PROCEDURE CONCEPT OF INSTIGATION. THE ECHR PERSPECTIVE AND COMPARATIVE LAWIn the actual criminal code system, the principle of fair evidence administration is a fundamental one. Within this principle, it is ruled the prohibition of the judiciary bodies to instigate, directly or indirectly, ...
that it pursues one or more legitimate aims contained in Article 8(2) and 10(2) Convention; and thirdly, that it is 鈥榥ecessary鈥and 鈥榩roportionate鈥 The paper also evaluates the compatibility of upload filters with the ECtHR principle of presumption of innocence under Article 6 ECHR. ...