Immunities and the right of access to court under Article 6 of the European Convention on Human Rights

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Immunities and the right of access to court under Article 6 of the European Convention on Human Rights

Immunities and the right of access to court under Article 6 of the European Convention on Human Rights

Law of Europe > Regional organization and integration (Europe) > The European Communities. Community law > Courts and procedure > Procedure > Procedural principles, A-Z > Due process of law

Edition Details

  • Creator or Attribution (Responsibility): Matthias Kloth
  • Language: English
  • Jurisdiction(s): Netherlands
  • Publication Information: Leiden ; Boston : Martinus Nijhoff Publishers, 2010
  • Publication Type (Medium): Electronic books
  • Material: Document, Internet resource
  • Type: Internet Resource, Computer File
  • Series title: International studies in human rights, v. 103.
  • Permalink: http://books.lawlegal.eu/immunities-and-the-right-of-access-to-court-under-article-6-of-the-european-convention-on-human-rights/ (Stable identifier)

Additional Format

Print version: Kloth, Matthias. Immunities and the right of access to court under Article 6 of the European Convention on Human Rights. Leiden ; Boston: Martinus Nijhoff Publishers, 2010 (DLC) 2009053700 (OCoLC)495475467

Short Description

1 online resource (XVI, 220 pages).

Purpose and Intended Audience

Useful for students learning an area of law, Immunities and the right of access to court under Article 6 of the European Convention on Human Rights is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

  • Publisher: Martinus Nijhoff Publishers
  • Responsable Person: by Matthias Kloth.
  • Publication Date: 2010
  • Country/State: Netherlands
  • Number of Editions: 15 editions
  • First edition Date: 2010
  • Last edition Date: 2010
  • General Notes: Originally presented as the author's thesis (doctoral)–Faculty of Law, University of Bonn, 2008.
  • Languages: English
  • Library of Congress Code: KJE3832.D83
  • Dewey Code: 347.24052
  • ISBN: 9789004189904 9004189904 1282786687 9781282786684
  • OCLC: 667271543

Main Contents

Part I: Introduction
I. The scope and objective of this work
II. The right of access to court under Article 6 (1) of the Convention: the case of Golder v. the United Kingdom
III. The meaning of civil rights and obligations
1. The civil character of a right under Article 6 (1)
2. Civil rights regarding employment disputes in foreign embassies or international organisations
a) The case-law of the Court
b) Conclusion
3. The meaning of the term right
IV. The Ashingdane Test
1. Legitimate Aim
2. Proportionality
a) The margin of appreciation
b) A margin of appreciation regarding the application of public international law?
3. The very essence of the right
4. Conclusion
Part II: International Immunities
I. State Immunity
1. State Immunity in public international law
a) Absolute and restrictive immunity
b) State immunity in international and national law
2. State immunity and the jurisdiction of the forum State (Article 1 of the Convention)
3. State immunity in the recent Convention case-law
4. Alternative approaches to the conflict between State immunity and Article 6 (1) of the Convention
a) The equality of arms-argument and the role of alternative remedies
b) The comments of Judge Ress in his concurring opinion in the case of Bosphorus Airways v. Ireland
c) Judge Loucaides approach: every blanket immunity is a disproportionate restriction on Article 6 (1) of the Convention
5. State immunity in employment-related proceedings and Article 6 (1) of the Convention
a) The case of Fogarty v. the United Kingdom
6. The personal injury exception and Article 6 (1) of the Convention: the case of McElhinney v. Ireland
a) Domestic legislation and State practice regarding the personal injury exception
b) International instruments and the personal injury exception
c) The restrictive interpretation of the personal injury exception (insurable personal injury)
d) Acts of the armed forces of the foreign State and the personal injury exception
e) Discussion of the judgment
f) Conclusion
7. State immunity for serious human rights VIolations and its compatibility with Article 6 (1) of the Convention
a) Practice outside of Europe
b) Conclusion
c) The case of Al-Adsani v. the United Kingdom
d) Does the UN Torture Convention restrict State immunity in civil proceedings?
e) Developments since the Al-Adsani judgment
f) Conclusion
8. The responsibility under the Convention of the foreign State which successfully invokes immunity in the proceedings before the courts of the forum State
II. Immunity from execution and the right to enforce a judgment under Article 6(1) of the Convention
1. The right to execute a judgment
2. Immunity from execution
3. Case-law of the Court
a) The case of Kalageropoulou and Others v. Greece and Germany
b) The case of Treska v. Albania and Italy
c) The case of Manoilescu and Dobrescu v. Romania and Russia
d) The case-law of the Commission: the case of N, C, F and AG v. Italy
e) Immunity from execution and State agencies: the case of Hirschhorn v. Romania
f) Conclusion
4. Jus cogens and the right to enforcement of a judgment
III. Immunities of Heads of State, foreign ministers, diplomats and other State officials
1.

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