Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Case Reports of the European Court of Human Rights, the Human Rights Committee and the Committee against Torture

Case Reports of the European Court of Human Rights, the Human Rights Committee and the Committee... © Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/138836408X283655 European Journal of Migration and Law 10 (2008) 105–118 www.brill.nl/emil Case Reports of the European Court of Human Rights, the Human Rights Committee and the Committee against Torture Pieter Boeles * Institute of Immigration Law, University Leiden Introduction In view of the extensive case-law produced during the period under scrutiny, I decided to change the format of the EJML Case Reports. All cases will now be categorised according to themes. No elaborate exposé of the facts will be pro- vided, unless deemed necessary for good understanding. Comments of the author are integrated in the text. Striking Developments: – Th e Court seems to scrutinise national law more actively, sometimes giving its own interpretation of whether the national authorities acted according to their own law, sometimes elaborating on the Conventions requirements for the “qual- ity” of law. National law must protect the individual from arbitrary measures, it must enable the national judiciary to assess whether measures are justified. Require- ments of an effective remedy are more explicitly formulated by the Court. Con- ceivably, this development was inspired by discussions in the Grand Chamber on Sisojeva (Judgment 15 January 2007, Nr 60654/00), http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Case Reports of the European Court of Human Rights, the Human Rights Committee and the Committee against Torture

Boeles, Pieter
European Journal of Migration and Law , Volume 10 (1): 105 – Jan 1, 2008
Download PDF
14 pages

Loading next page...
 
/lp/brill/case-reports-of-the-european-court-of-human-rights-the-human-rights-wfesh0QZ8O

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
DOI
10.1163/138836408X283655
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/138836408X283655 European Journal of Migration and Law 10 (2008) 105–118 www.brill.nl/emil Case Reports of the European Court of Human Rights, the Human Rights Committee and the Committee against Torture Pieter Boeles * Institute of Immigration Law, University Leiden Introduction In view of the extensive case-law produced during the period under scrutiny, I decided to change the format of the EJML Case Reports. All cases will now be categorised according to themes. No elaborate exposé of the facts will be pro- vided, unless deemed necessary for good understanding. Comments of the author are integrated in the text. Striking Developments: – Th e Court seems to scrutinise national law more actively, sometimes giving its own interpretation of whether the national authorities acted according to their own law, sometimes elaborating on the Conventions requirements for the “qual- ity” of law. National law must protect the individual from arbitrary measures, it must enable the national judiciary to assess whether measures are justified. Require- ments of an effective remedy are more explicitly formulated by the Court. Con- ceivably, this development was inspired by discussions in the Grand Chamber on Sisojeva (Judgment 15 January 2007, Nr 60654/00),

Journal

European Journal of Migration and Law – Brill

Published: Jan 1, 2008

There are no references for this article.