The European Court of Human Rights has always defended the idea that freedom of expression has an essential role to play in a democratic society, helping to foster the development of an open, tolerant society in which human rights are respected. Freedom of expression is not absolute and unconditional, however; there are certain limits which must be respected. How can racist, xenophobic propaganda be proscribed without trespassing on individual freedom of expression? How can a suspect's right to be presumed innocent be protected without placing restrictions on the public's right to information? Where should we draw the line concerning the criticism of politicians by the media? It is by answering these and many similar questions over a period of almsost fifty years that the European Court of Human Rights has developed its case-law in respect of Article 10 of the European Convention on Human Rights, presented in summary form in this book.
This publication contains a number of papers presented at an international seminar, held in Coimbra, Portugal in October 2005, organised by the European Commission for Democracy through Law (Venice Commission) in co-operation with the lus Gentium Coimbrigae Centre and the Faculty of Law of the University of Coimbra and the International Association of Constitutional Law (IACL). Issues considered include: human rights and state succession; territorial scope of human rights obligations; the position of human rights treaties in national legal systems; the obligation to comply with the judgments of the European Court of Human Rights; the criteria for establishing the hierarchy of legal rules in national and international law.
The European Convention on Human Rights has become bogged down by an enormous workload, and settling a case has become an attractive alternative to ordinary proceedings. This book provides a full overview of the Court's friendly settlements and suggest ways they could be improved.
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.