Taking a Case to the European Court of Human Rights (4th edition)

ISBN : 9780198755425

Philip Leach
728 ページ
171 x 246 mm

This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals. This new edition has been fully revised to take account of the latest developments in the Court's practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules and practice directions; a more expansive approach to interim measures; the application of the 'no significant disadvantage' admissibility test and further applications of the exhaustion of domestic remedies rule and the six months' time limit; the steep rise in the use of unilateral declarations in striking cases out; developments in the use of 'Article 46' and pilot judgments; and the more extensive application of non-pecuniary measures of redress (including reinstatement to employment, disclosure of information and the protection of witnesses). This edition includes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention. Issues covered by the recent case-law include secret rendition, restrictions on in vitro fertilization, medical mistreatment, the treatment of migrants at sea and asylum procedures, states' extra-territorial jurisdiction, same-sex partnerships, and discrimination. There is new law on the rights of suspects, defendants and life sentence prisoners, and the duties owed to the victims of domestic violence, domestic servitude, and human trafficking. With such vast coverage and accessibility, this book is indispensable for anyone practising in this field.


1 Introduction - The Council of Europe and the European Convention on Human Rights
2 Practice and Procedure of the European Court: The Pre Judgement Phase
3 Practice and Procedure of the European Court: Judgment and Enforcement
4 Standing and Admissibility Criteria
5 Underlying Convention Principles
6 The Substantive Rights of the European Convention
7 Derogation and Reservation
8 Just Satisfaction (Article 41)
APPENDIX 1 - Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14 (with Protocols Nos. 1, 4, 6, 7, 12 and 13)
APPENDIX 2 - Protocol No.15
APPENDIX 3 - Protocol No. 16
APPENDIX 4 - The Court's Priority Policy
APPENDIX 5 - Application Form
APPENDIX 6 - Form of Authority
APPENDIX 7 - Request for Legal Aid - Declaration of Means
APPENDIX 8 - Legal Aid Rates (applicable since 2013)
APPENDIX 9 - National Authorities Competent to Certify the Indigence of Applicants for the Purposes of Rule 102 of Chapter XI of the Rules of Court
APPENDIX 10 - Dates of Entry into Force of the Convention and its Protocols
APPENDIX 11 - Composition of the Court (in order of precedence as at 12.9.16)
APPENDIX 12 - Rules of the Committee of Ministers for the Supervision of the Execution of Judgments and of the Terms of Friendly Settlements
APPENDIX 13 - European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights
APPENDIX 14 - Brussels Declaration (2015)


Philip Leach is Professor of Human Rights Law at Middlesex University, a solicitor, and Director of the European Human Rights Advocacy Centre (EHRAC). He publishes widely in the field of international human rights law, and has extensive experience of representing applicants before the European Court of Human Rights. He was a member of the Independent Advisory Panel on Deaths in Custody from 2009-2015 and a member of the Harris Review (2014-2015). He is a member of the Advisory Board of the Open Society Justice Initiative.