L’EFFECTIVITÉ DE LA RÉPARATION DES VIOLATIONS DE LA CONVENTION À L’ÉPREUVE DE L’EXCLUSION DE LA FÉDÉRATION DE RUSSIE DU CONSEIL DE L’EUROPE : ILLUSTRATION À TRAVERS L’AFFAIRE GÉORGIE C. RUSSIE (II)
THE EFFECTIVENESS OF THE REPARATION OF VIOLATIONS OF THE CONVENTION IN THE LIGHT OF THE EXCLUSION OF THE RUSSIAN FEDERATION FROM THE COUNCIL OF EUROPE: ILLUSTRATION THROUGH THE GEORGIA V. RUSSIA CASE (II)
Author(s): Carla GiustinianiSubject(s): Human Rights and Humanitarian Law, Sociology of Law, Peace and Conflict Studies, Court case
Published by: INSTITUT LOUIS FAVOREU
Keywords: Inter-State application; just satisfaction; Article 41 of the European Convention on Human Rights; exclusion of a Member State; effectiveness of the control of conventionality; moratory interests;
Summary/Abstract: This contribution focuses on the study of the judgment pronounced by the European Court of Human Rights against the Russian Federation on 28 April 2023, in which it considered, for the third time in its history, the award of just satisfaction in an inter-State case. Before judging the case on the merits, the High Court had to rule on its jurisdiction in case of applications brought against a former Member State for conventional violations prior to its exclusion from the Council of Europe, thus establishing the rules and limits of its control.
Journal: LETTRE DE L’EST
- Issue Year: 2024
- Issue No: 36
- Page Range: 41-50
- Page Count: 10
- Language: French
