CONTENT/OBSAH
Preface
by Prof. Manfred Nowak
PART I. HISTORY AND THEORY OF THE ECHR
Chapter 1.
70 Years of the Convention – Perspectives from the Court Library
Genevieve Woods
1. Introduction
2. The Convention and the Library of the European Court of Human Rights
2.1 Statistics
2.2 Publications
2.2.1 Rules of Court
2.2.2 Yearbook
2.2.3 Conferences
2.2.4 Commentaries to the Convention
2.2.5 Festschrift / Mélanges
2.2.6 Periodicals
2.2.7 Case-law
2.2.8 Legal literature of the Convention
2.2.9 The catalogue of the Library of the European Court of Human Rights
3. Conclusion
Chapter 2.
The European Convention on Human Rights and Issues of State Responsibility
Pavel Šturma
1. Introduction
2. Issues of attribution
2.1 The Difference between “Jurisdiction” and “Attribution”
2.2 Implicit or no Reference to Attribution
2.3 A Moderate Shift to the Use of Rules on Attribution
2.4 Attribution in Cases Involving International Organizations
3. Responsibility Based on the Standard of Due Diligence
3.1 The Field of application of the standard by the ECtHR
3.2 The Criteria of Application of the Standard
4. Conclusion
PART II. particular RIGHTS UNDER THE ECHR
Chapter 3.
New Approach to the Right to Privacy in Times of Transparency and Mass Surveillance
Ganna Yudkivska
1. Introduction
2. Right to Reputation
3. Right to be Forgotten in the Eu: Google Spain Case
4. Balancing the Rights
5. Right to be Forgotten in the Case-Law of the Ecthr
6. Big Brother is Watching You
7. Metadata Protection
8. Successful Example of the Right to Privacy Protection in Russian Courts
9. Conclusions
Chapter 4.
The European Convention on Human Rights and International Migration
Josef Mrázek
1. introduction
2. the echr system of Human Rights Protection
3. Human Rights Protection of Migrants
4. The Case-Law of the Ecthr
5. The Right to Family Reunification
6. conclusions
PART III. BUSINESS AND THE ECHR
Chapter 5.
Corporate Human Rights Abuses and the European Convention
on Human Rights
Harald Christian Scheu and Jitka Brodská
1. Introduction
2. The European Court of Human Rights and Corporate Business Abuses
3. The Relationship between the European Convention on Human Rights and the Ungps
4. Conclusions
Chapter 6.
Human Rights Responsibilities of Corporations and Climate Change: Carbon Majors Inquiry
Monika Feigerlová
1. Introduction
2. Inquiry Against Carbon Majors before the Philippines Commission
3. The Use of Human Rights in the Petition
4. Process of the National Inquiry
5. Conclusion
Chapter 7.
May Czech Railways Lodge an Application with the European Court of Human Rights? Legal Standing of State-owned Companies: Approaches of the Czech Constitutional Court and the European Court of Human Rights
Alla Tymofeyeva and Pavel Ondřejek
1. Introduction
2. State-Owned Companies in the Proceedings before the Ecthr
3. State-Owned Companies from the Perspective of the Czech Constitutional Court
4. Comparison of the ‘European Convention Model’ and the ‘Czech Model’: Example of the Czech Railways
5. Conclusions
PART IV. THE ECtHR IN INTERACTION WITH THE OTHER BODIES
Chapter 8.
The European Convention on Human Rights and the CAHDI
Petr Válek
1. CAHDI: What It is and Does
2. The Opinions of Cahdi Related to the Convention
3. Conclusions
Chapter 9.
The Practice of the European Court of Human Rights
and the Human Rights Committee – Convergence or Divergence?
Ivana Machoňová Schellongová
1. Introduction
2. Provisions of the Treaties
3. Interpretation of the Treaties
4. Examples of Freedom to Manifest One’s Religion
5. Procedural Issues
6. Suggestions Towards a More Coherent Approach
Chapter 10.
Two Bites at the Cherry: Parallel Proceedings before the European
Court of Human Rights and Arbitral Tribunals
Nikola Kurková Klímová
1. Introduction
2. Lis Pendens and Res Judicata in International Adjudication
3. Fork-in-the-road Clauses and Waivers in International Investment Agreements
4. Inadmissibility under the European Convention on Human Rights
5. Concurrence between the Ecthr and Investment Arbitration
6. Conclusion
Chapter 11.
The European Court of Human Rights and the Venice Commission
Natalie Illková
1. The Venice Commission
2. Comparison
2.1 Similarities
2.2 Differences
3. Interaction
3.1 References
3.2 Amicus curiae
4. Conclusion
PART V. REFORM OF THE ECHR
Chapter 12.
Advisory Jurisdiction under Protocol No. 16 to the Convention
Michal Kučera
1. Introduction
2. What Does the Protocol do and How?
2.1 Who May Submit a Request under the Protocol?
2.2 Under Which Conditions May a Request under the Protocol be Submitted?
2.3 Who Replies to the Request?
2.4 What is the Procedure?
2.5 What is the Result and Follow-Up?
2.6 Open Issues and Challenges
2.7 Rapport with the Preliminary Reference Procedure before the CJEU
2.8 Complementarity with the Superior Courts Network
3. Conclusion
Chapter 13.
The European Convention on Human Rights in Times of Trouble: Use of Derogations under Article 15 Echr in the Context
of the Pandemic
Emil Ruffer
1. Introduction
2. The Legal Framework: Restrictions in Substantive Provisions of Echr
3. The Legal Framework: Limits of Derogation under the Echr’s Article 15
4. The Practice of Article 15 Derogations and Its Assessment in the Case-Law
5. Covid-19: A Change of Paradigm or Just Another Crisis?
6. Conclusions
Summary
