The European Court of Human Rights: Bringing Together Legal Systems

the new european court of human rights

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extraterritorial effect of the european convention on human rights in the case-law of the european court of human rights

article 1 of the european convention on human rights provides that the contracting parties shall secure to everyone ‘within their jurisdiction’ the rights and freedoms defined in the convention. at a technical level, the key question is how one should interpret the word ‘jurisdiction’ in article 1. this article plays a key role in the convention system since it sets out the limits on the obliga...

a look at the european court of human rights

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Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

To make ECtHR rulings prevail over final Spanish judgments is a matter for the legislator, not for an extreme or exaggerated interpretation of a law that has not been promulgated for that purpose. Within the context of the doctrine introduced by the Administrative Bench of the TS, the current or subsisting character of the violation of the fundamental right turns out to be a key issue. However,...

European Court Says Human Right Convention Protects Gay Adoption Rights