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The Article also prohibits a heavier penalty being imposed than was applicable at the time when the criminal act was committed. Article 7 incorporates the legal principle nullum crimen, nulla poena sine lege (no crime, no penalty without law) into the convention. Relevant cases are: Kokkinakis v. Greece [1993] ECHR 20; S.A.S. v. France [2014 ...
The Court made awards under Article 41 of the European Convention on Human Rights (just satisfaction) that were substantially lower than those it made in past cases of unlawful detention, in view of the fact that the detention scheme was devised in the face of a public emergency and as an attempt to reconcile the need to protect the United ...
The Grand Chamber is made up of 17 judges: the court's president and vice-presidents, the section presidents and the national judge, together with other judges selected by drawing of lots. Grand Chambers include a public hearing, which is transmitted as a webcast on the ECHR site. After the public hearing, the judges deliberate.
Protocol No. 14 of the ECHR entered into force on 1 June 2010. It allows the European Union to accede to the European Convention on Human Rights. [3] On 5 April 2013, negotiators from the European Union and the Council of Europe finalised a draft agreement for the accession of the EU to the European Convention on Human Rights.
Much of Charter is based on the European Convention on Human Rights (ECHR), European Social Charter, the case-law of the European Court of Justice and pre-existing provisions of European Union law. The first title ( Dignity ) guarantees the right to life and personal integrity and prohibits torture , slavery , the death penalty , eugenic ...
The margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law.It was developed by the European Court of Human Rights to judge whether a state party to the European Convention on Human Rights should be sanctioned for limiting the enjoyment of rights.
No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.
This Article means that it is a violation of the ECHR for a state to restrict a listed human right for any reason other than the one formally given and allowed under the Convention; "there can be no inherent or implied limitations on the rights guaranteed. Each limitation must be expressed and have an explicit purpose". [1]