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Fundamental Rights Violations by Private Actors and the Procedure before the ECHR

A Study of Verticalised Cases

Book | 1st edition 2022 | Europe | Claire Loven
Description

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally ‘horizontal’ conflicts must be ‘verticalised’ in order to be admissible. Although such verticalised cases make up a large portion of the Court’s case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court’s approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one’s surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court’s current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781839702839 / 9781839702846
Series name Human Rights Research Series
Weight 480 g
Status Available
Number of pages 250 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Oct 1, 2022
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of contents and preliminary pages
    Claire Loven
  • INTRODUCTION
  • Chapter 1. Introduction
  • PART I. INTRODUCTION TO THE CONVENTION SYSTEM
  • Chapter 2. Short History of the Convention System
  • Chapter 3. Guiding Convention Principles
  • Chapter 4. Characteristics of ECtHR Proceedings
  • PART II. VERTICALISED CASES UNRAVELLED
  • Introduction
  • Chapter 5. Horizontal Positive Obligations
  • Chapter 6. Detailed Analysis of Verticalised Cases before the ECtHR
  • Conclusion
  • PART III. PROBLEMS IN VERTICALISED CASES
  • Introduction
  • Chapter 7. Problems that may arise during the Court’s Proceedings
  • Chapter 8. Problems that may arise after the Court’s Proceedings
  • Conclusion
  • PART IV. TOWARDS A NEW APPROACH TO VERTICALISED CASES
  • Introduction
  • Chapter 9. Current Third-party Intervention Procedure
  • Chapter 10. Proposal to Redesign the Third-party Intervention Procedure
  • Conclusion
  • CONCLUSION
  • Chapter 11. Conclusion
  • Summary in Dutch
  • Bibliography
  • Appendix I: Overview case law sample
  • Curriculum Vitae