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Tort Law in the Jurisprudence of the European Court of Human Rights.
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness, fault and compensation - namely when applying Art. 41 of the European Convention on Human Rights (ECHR)....
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | , , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés Alemán |
| Publicado: |
Berlin :
Walter de Gruyter,
2011.
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| Colección: | Tort and insurance law.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Introduction; Just Satisfaction under Art 41 ECHR: A Compromise in 1950
- Problematic Now; I. General Remarks and Origin of Art 41; A. General; B. Origin of Art 41; 1. Discussions at the Congress of Europe and in the Parliamentary Assembly of the Council of Europe; 2. Preparatory work at the intergovernmental level of the Council of Europe; 3. Criticism of art 50; II. Characteristics of Art 41; A. General Considerations; B. When Does Art 41 Apply?; 1. General; 2. Specific conditions; a) Only partial or lacking national reparation for the violation found by the Court.
- B) The Court considers it 'necessary' to afford just satisfactionc) There is an 'injured party'; d) Causal link between the unlawful act and the injury sustained by the victim; e) Submission by the applicant of a claim for just satisfaction; C. Consequences of the Fulfillment of the Conditions of Art 41; 1. Just satisfaction; 2. Damage covered by art 41; a) Pecuniary damage; b) Non-pecuniary damage; c) Costs and expenses; III. Summary of the Main Features of the ECtHR's Case-Law Relating to Art 41; IV. Information on Comparable Provisions in Other International Human Rights Protection Systems.
- V. Application of Art 41 and Practical DifficultiesA. An Initially Modest Conception by the ECtHR of its Remedial Powers; B. Expansion of the Court's Remedial Powers Concerning Non-Pecuniary Reparations and Pilot Judgments; C. Requirement of Measures in Addition to the Payment of Just Satisfaction; D. Criticism Concerning Practice Regarding Art 41; VI. Remedies and Main Reform Ideas; A. Attempts Made with the Court to Strive for Greater Consistency Regarding Art 41; B. Action Taken at the Level of the Committee of Ministers and of Member States; C. Reform Proposals.
- VII. Issues for Further DiscussionVIII. Final Remarks; Fundamental Issues; Methodological Approaches to the Tort Law of the ECHR; I. Aims; II. Concerning the Method; III. The Rule in Art 41 ECHR and its Immanent Interpretation; IV. The Types of the Damage to be Compensated; A. Pecuniary Damage; B. 'Just Satisfaction'
- Beyond Pecuniary and Non-Pecuniary Damage?; C. Costs and Expenses in Particular; D. Interest in Particular; E. Non-Pecuniary Damage; F. Restitution in Kind (Restoration); V. Elements of the Violation and Ground for Liability; A. In General; B. Who is the State Liable for?
- C. Reduction of the Burden of Proof in ImputationD. Liability for Omissions; E. Omission and Lack of Money; F. The Applicability of Obligations to Third Parties ('Horizontal Effect'); VI. Persons Entitled to Compensation; A. The Injured Parties; B. Close Relatives; VII. The Causal Link; A. In General; B. The Individual Cases; 1. Cases, in which the position on the causal link can be explained by the necessary condition formula (ie conditio sine qua non); 2. The 'direct' causal link; 3. 'Prohibition on speculation' and lawful alternative action.