Overview of the Case-law of the ECHR 2016 Prohibition of collective expulsion of aliens (Article 4 of Protocol No. 4) The backdrop to the judgment in Khlaifia and Others, cited above[144], was the 2011 migration crisis and the consequent challenges…
Right not to be tried or punished twice (Article 4 of Protocol No. 7) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Right not to be tried or punished twice (Article 4 of Protocol No. 7) The judgment in A and B v. Norway[137] concerned parallel or dual administrative and criminal sanctions for the…
Other rights in criminal proceedings / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Other rights in criminal proceedings No punishment without law (Article 7) The Bergmann v. Germany[129] judgment concerned the retrospective prolongation of preventive detention ordered by a criminal court and the notion of a…
Right to a fair hearing in criminal proceedings (Article 6 § 1) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Right to a fair hearing in criminal proceedings (Article 6 § 1) Access to a court The case of Marc Brauer v. Germany[104] concerned the refusal to consider an appeal against an…
Right to a fair hearing in civil proceedings (Article 6 § 1) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Procedural rights Right to a fair hearing in civil proceedings (Article 6 § 1) Applicability The Baka v. Hungary[86] judgment concerned access to a court by a judge to challenge the termination…
Right to liberty and security (Article 5) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Right to liberty and security (Article 5) Lawful arrest or detention (Article 5 § 1) The judgment in Mozer[65], cited above, concerned the lawfulness of detention ordered by courts of the “Moldavian Republic of…
Prohibition of slavery and forced labour (Article 4) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Prohibition of slavery and forced labour (Article 4) Work required of detainees (Article 4 § 3 (a)) The judgment in Meier v. Switzerland[63] concerned the obligation for prisoners to perform work in prison after…
Prohibition of torture and inhuman or degrading treatment and punishment (Article 3) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Prohibition of torture and inhuman or degrading treatment and punishment (Article 3) [17] Inhuman or degrading treatment The Khlaifia and Others v. Italy[18] case concerned the arrival of the applicants, three Tunisian…
Right to life (Article 2) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 “Core” rights Right to life (Article 2) Effective investigation The Armani Da Silva v. the United Kingdom[11] judgment concerned the criminal conviction of the police force, but not the individual police officers,…
Jurisdiction and admissibility / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Jurisdiction and admissibility Jurisdiction of States (Article 1) The Mozer v. the Republic of Moldova and Russia[2] judgment concerned the lawfulness of detention ordered by courts of the “Moldavian Republic of Transdniestria” (“MRT”).…