Sentences with phrase «european convention»

It is arguable that my imposing a longer licence period in respect of these prisoners, Art 7 of the European Convention on Human Rights is engaged, although bearing in mind recent cases attempting to highlight differences between the 1991 and CJA 2003 regimes, it is unlikely that such arguments will find favour with the courts, but we shall see!

The planned accession of the European Union to the European Convention on Human Rights and Fundamental Freedoms (ECHR) pursues the objective of increasing the effectiveness and homogeneity of fundamental rights protection in Europe.

A mother and her seven - year - old son from Lebanon sought asylum in the U.K., claiming a right to remain under article 8 of the European Convention on Human Rights read in conjunction with article 14.

Human Rights — Privacy — Retention of fingerprints and DNA samples S and another v United Kingdom (App Nos 30562 / 04 and 30566 / 04) European Court of Human Rights, 4 December 2008 The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences constitutes a violation of Art 8 of the European Convention on Human Rights

Even though the issue of the EU's accession to the European Convention on Human Rights is almost as old as the Union itself, this book aptly brings the debate again to the spotlight and discusses the intricate nitty - gritties of this historically unprecedented step in a clear and precise manner.

I am thus again giving in to the temptation and will briefly discuss a recent book, Paul Gragl's The Accession of the European Union to the European Convention on Human Rights (Hart Publishing 2013) which treats this phenomenon in detail.

Despite Fleet Street's vocal protestations that Eady J is placing undue weight on Art 8 (which guarantees the right to respect for private and family life) of the European Convention on Human Rights at the expense of Art 10 (which protects the right of freedom of expression) the reality is somewhat diff erent.

It could also be a valuable tool for highlighting which cases are most likely to be violations of the European Convention on Human Rights,» explained Dr Nikolaos Aletras, who led the study at UCL Computer Science.

Albania is party to many arbitration conventions (New York Convention, European Convention on International Commercial Arbitration, ICSID, UNCITRAL) and Albanian courts are generally in their track record of recognizing foreign arbitral awards.

On appeal, Thorpe LJ (at [28]-RRB- stressed the importance of an individual child's right to respect for family life (European Convention 1950, Art 8) and of UN Convention on the Rights of the Child, Art 12, that a child who is «capable of forming his or her own views» has a right to express them according to the child's «age and maturity».

The claimants did not challenge the decision to nationalise itself, rather the provisions of the compensation scheme which, they contended, breached their right to property under Art 1 of the First Protocol to the European Convention on Human Rights.

The applicants each applied for judicial review, contending that s 64 (1A) of PACE infringed their rights to respect for their private life under Art 8 (1) b of the European Convention on Human Rights (the Convention).

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

Failure to advise a respondent of their right to seek legal aid may breach of common law principles of fairness and art 6.3 (c) of the European Convention on Human Rights (see also Hammerton v Hammerton [2007] EWCA Civ 248, [2007] 2 FLR 1133).

Unfortunately, Art 46 of the European Convention on Human Rights binds its signatories to implement decisions of the court in cases to which they are a party.

The contracting states to the European Convention on Human Rights do not «undertake to alleviate religious and cultural differences between their own laws and the family law of an alien's country of origin, however extreme their effects might seem to be on a family relationship».

What is a proportionate measure to ensure that the database is effective for the purpose of tackling crime without encroaching upon our fundamental right to privacy as afforded by Art 8 of the European Convention on Human Rights (the Convention)?

The Court held, unanimously, that HM Treasury must disclose sufficient information to the Bank as to the basis for sanctions imposed by HM Treasury in 2011 and 2012 to enable the Bank to refute the essential allegations upon which HM Treasury relied, and so to comply with Article 6 of the European Convention on Human Rights.

Last year, the Administrative Court held that the ECF scheme is unlawful as it gives rise to an unacceptable risk that people will not be able to obtain legal aid where required by the European Convention on Human Rights or under EU law.

At first instance, the Reviewing Judge held that the decision to impose catch limits by the Agency were irrational in based on established Public Law principals and that, in the absence of compensation, they unlawfully interfered with Mr Mott's right to peaceful enjoyment of his possessions under Article 1 of the First Protocol to the European Convention on Human Rights («A1P1»).

European Convention on International Commercial Arbitration, Geneva, 21 April 1961, Article VIII: «The parties shall be presumed to have agreed that reasons shall be given for the award unless they (a) either expressly declare that reasons shall not be given; or (b) have assented to an arbitral procedure under which it is not customary to give reasons for awards, provided that in this case neither party requests before the end of the hearing, or if there has not been a hearing then before the making of the award, that reasons be given.»

In a case concerning an application for enforcement that was subject to both the New York Convention and the European Convention, the Italian Court of Cassation decided that enforcement should be denied where the presumption under Article VIII had not been rebutted because one party seeking enforcement had expressly requested during the arbitral proceeding that reasons be given for the award.

- Reduction of the scope of prison law to cases that engage Articles 5.4 (the right to have ongoing detention reviewed) and 6 (right to a fair trial) of the European Convention on Human Rights, such as Parole Board review hearings, some sentencing matters and adjudication hearings for disciplinary matters.

The CPO's interference with Swish Estates» rights was inconsistent with its human rights under Article 1 of the First Protocol of the European Convention on Human Rights.

In July 2011 the English Court refused to set aside the English Default Judgment and held that it would not recognise and enforce the 2011 Judgment because it did not meet the requirements of Article 6 of the European Convention on Human Rights.

Almost three years later the ECHR ruled that the Latvian return order violated Article 8 of the European Convention because the Court disregarded the psychologist's report and did not sufficiently consider «what would happen as regards the child's material well - being if returned to Australia.»

At the appeal hearing, Teggart contended further that his rights under Arts 8, 9 and 10 of the European Convention on Human Rights (Convention) had been violated.

This loss of a parent's right to a family under Art 8 of the European Convention on Human Rights (the Convention) was barely debated in Parliament, despite our adoption laws already resulting in more permanent removals in the world except for the US, and Portugal being the only other European country to allow adoption without consent.

This is also confirmed by the preparatory documents of the European Convention on Article III ‑ 270 (4) of the Draft Treaty establishing a Constitution for Europe, (23) the provision which subsequently reappeared in the Constitutional Treaty as Article III - 365 (4); according to those documents, the wording «acts of general application» was debated in the Convention, but ultimately rejected and replaced by the more restrictive expression «regulatory act», which was intended to express the distinction between legislative and non-legislative acts.

He asserts that the ECtHR: fails to provide certainty and predictability; goes beyond the original scope of the European Convention; and has required the government to give some prisoners the vote despite MPs voting against this.

The call comes ahead of a crucial vote in Strasbourg tomorrow where UK members of the Parliamentary Assembly of the Council of Europe (PACE) will vote on a motion to draft a European Convention on the profession of lawyer.

In the case Belvedere Construzioni Srl (Case C - 500 / 10) this was under discussion vis - à - vis the principle of resolving judicial proceedings in tax matters within reasonable time under Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

On 2 October 2013, the Committee of Ministers of the Council of Europe opened for signature Protocol no. 16 to the European Convention on Human Rights.

Some might argue that the Bill itself is not compliant with Art 8 of the European Convention on Human Rights (ECHR)(right to a family life).

Furthermore, it offers an interesting perspective from which we can observe the development of an area of freedom, security and justice in Europe, and how the relationships between the two main European human rights instruments — the Charter of Fundamental Rights of the EU («CFREU») and the European Convention of Human Rights («ECHR») and the related case law emanating from the courts of Luxembourg and Strasbourg — are evolving.

Pending that, it is possible to fall back on anecdotal evidence and general impression, and some of that may be reassuring, suggesting that a good deal has changed in European and British society since the middle of the twentieth century — and that may be due in no short measure to the longer term political, moral and legal impact of measures such as the European Convention on Human Rights.

The European Convention on the legal protection of services based on, or consisting of, conditional access

According the words their ordinary meaning was also consistent with respecting the respondent's right to respect for his private and family life as required by Art 8 of the European Convention on Human Rights.

Rather, it was concerned with the decision that the appellant's rights under Art 5 (1) of the European Convention on Human Rights (the Convention) had not been infringed by the police officers» actions.

I will not here debate whether the costs regime in the courts of England and Wales was what the drafters of the European Convention had in mind.

European Convention on the legal protection of services based on or consisting of conditional access

58 It is apparent, furthermore, from the case - law of the European Court of Human Rights that the right to a fair trial, guaranteed by Article 6 (1) of the European Convention on Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 - VI).

By contrast to accession to the European Convention of Human Rights, which would effectively enable the jurisdiction of a separate international court over all aspects of EU legislative and administrative acts, the ambit of jurisdiction of any future joint EU - UK court would be far more limited.

The Court was called to examine the compatibility of this system with the Directive, with the freedom of establishment and with the principle of effective judicial protection and the rights of defence as enshrined in Articles 47 of the Charter of Fundamental Rights and 6 (2) of the European Convention on Human Rights.

The protection against self - incrimination derives from the right to a fair trial and the presumption of innocence enshrined in Article 6 of the European Convention on Human Rights and Articles 47 and 48 of the Charter of Fundamental Rights of the EU.

While Article 2 allows for deprivation of life in the «execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law», Protocol No. 6 to the European Convention on Human Rights does not allow any derogation to it under Article 15 ECHR.

The borrowers argued that this was a breach of Art 1 of the First Protocol of the European Convention on Human Rights, and that in order to be compatible with the Human Rights Act 1998 (HRA 1998), s 36 AJA 1970 should be construed by the court to include applications made by a purchaser, as well as a lender.

For, as Waite J had already suggested, Mubarak says in terms: Victorian committal proceedings are hopelessly non-compliant in European Convention terms.

The High Court ruled Part 4 unlawful on the basis it was incompatible with both EU law and the European Convention on Human Rights, in R (on the application of Liberty) v Home Secretary and Foreign Secretary [2018] EWHC 975 (Admin).

The law is discriminatory as between whether couples are married and unmarried; and perhaps someone could attempt a proceeding under European Convention 1950, Art 14 (discrimination) application on that basis.