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

Learn More →

No Violations But Interesting: A Study of the Strasbourg Court's Jurisprudence in Cases where no Breach of the Convention has been Found

No Violations But Interesting: A Study of the Strasbourg Court's Jurisprudence in Cases where no... This study examines the uncharted area of Court judgments finding no violations of the ECHR. After a statistical analysis of the Court's contemporary decision–making the study considers the types of rights being asserted in cases where the Grand Chamber eventually determined that no violations of the Convention took place. Then a detailed scrutiny of those judgments identifies a number of factors explaining why the Court may find no violations to have occurred. Conclusions are drawn as to the importance of the margin of appreciation doctrine in this area. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

No Violations But Interesting: A Study of the Strasbourg Court's Jurisprudence in Cases where no Breach of the Convention has been Found

European Public Law , Volume 14 (2) – Jun 1, 2008

Loading next page...
 
/lp/kluwer-law-international/no-violations-but-interesting-a-study-of-the-strasbourg-court-s-WArz3S04ms
Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
See Article on Publisher Site

Abstract

This study examines the uncharted area of Court judgments finding no violations of the ECHR. After a statistical analysis of the Court's contemporary decision–making the study considers the types of rights being asserted in cases where the Grand Chamber eventually determined that no violations of the Convention took place. Then a detailed scrutiny of those judgments identifies a number of factors explaining why the Court may find no violations to have occurred. Conclusions are drawn as to the importance of the margin of appreciation doctrine in this area.

Journal

European Public LawKluwer Law International

Published: Jun 1, 2008

There are no references for this article.