The issue of permissibility of reservations to the European Convention on Human Rights: on one gap in the judicature of "Strasbourg" Cover Image

Problém přípustnosti výhrad k Evropské úmluvě o lidských právech
The issue of permissibility of reservations to the European Convention on Human Rights: on one gap in the judicature of "Strasbourg"

Author(s): Roman Barinka
Subject(s): EU-Legislation, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: issue of permissibility;European Convention on Human Rights;Protection of Human Rights and Fundamental Freedom;

Summary/Abstract: Although the judicature of the European Court of Human Rights on the issue of admissibility of reservations to the Convention for the Protection of Human Rights and Fundamental Freedoms covers a relatively small number of cases, it can be considered settled. However, this fact should not lead to the a priori conclusion that the case law of the Court of First Instance is also fully developed in this respect and covers all aspects of the issue. In fact, on the contrary: there are relatively serious indications that the case-law of the Court of First Instance is incomplete in that regard. As such, it leaves completely unanswered at least one important question concerning the standards governing the admissibility of reservations to the Convention.

  • Issue Year: 12/2004
  • Issue No: 2
  • Page Range: 141-149
  • Page Count: 9
  • Language: Czech