The Impact of the European Convention on Human R – Legislation and Application in 1996–2006

Author:   Anton Burkov ,  Francoise Hampson
Publisher:   ibidem-Verlag, Jessica Haunschild u Christian Schon
Volume:   45
ISBN:  

9783898216395


Pages:   162
Publication Date:   07 December 2021
Format:   Paperback
Availability:   In Print   Availability explained
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The Impact of the European Convention on Human R – Legislation and Application in 1996–2006


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Overview

This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system, in terms of its implementation by domestic courts, is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied, rather than to implement the ECHR. In contrast, the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still, the rare instances in which domestic courts implemented the ECHR were, more often than not, prompted by applicants' arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law. It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights, and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.

Full Product Details

Author:   Anton Burkov ,  Francoise Hampson
Publisher:   ibidem-Verlag, Jessica Haunschild u Christian Schon
Imprint:   ibidem-Verlag, Jessica Haunschild u Christian Schon
Volume:   45
Dimensions:   Width: 14.80cm , Height: 1.50cm , Length: 21.00cm
Weight:   1.000kg
ISBN:  

9783898216395


ISBN 10:   389821639
Pages:   162
Publication Date:   07 December 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.
Language:   English

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Reviews

The approach adopted in the book makes it methodologically important not just in relation to the Russian Federation but much more widely. Anyone with an interest in the judicial implementation of human rights law, whether at the national, regional or international level and irrespective of any particular jurisdiction in which they may be interested, should read this work. Francoise Hampson, University of Essex


The approach adopted in the book makes it methodologically important not just in relation to the Russian Federation but much more widely. Anyone with an interest in the judicial implementation of human rights law, whether at the national, regional or international level and irrespective of any particular jurisdiction in which they may be interested, should read this work. -- Francoise Hampson, University of Essex


Author Information

Anton Burkov, DipJur (Ural State Law Academy), CandScJur (Tyumen' State University), LLM (University of Essex), PhD (Cambridge), worked for the Urals Centre for Constitutional and International Protection of Human Rights of the NGO Sutyajnik as a staff attorney and project coordinator. Burkov has published five books and more than 20 articles in Russian- and English-language law journals. Francoise Hampson is professor of law at the University of Essex and an expert for the UN Sub-Commission on the Promotion and Protection of Human Rights.

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