The European Court of Human Rights
Although the protection of fundamental rights is discussed in Chapter 5, it is convenient to note here that the European Court of Human Rights, which sits at Strasbourg, hears complaints alleging infringements of the European Convention on Human Rights.
A party who is dissatisfied with a decision of an English court may complain to the European Court of Human Rights, but this will involve entirely new proceedings and is not an appeal against the English decision.The principal remedy available in the European Court of Human Rights is merely a declaratory judgment that a breach of the Convention has occurred. Additionally, however, the court may award compensation, but there is no mechanism to enable such an award to be enforced if the state against which the order is made fails to comply.
Judges of the European Court of Human Rights have the style judge, and are described and addressed accordingly.
More on the topic The European Court of Human Rights:
- Legislative interpretation in the European Court ofHuman Rights
- The European Convention on Human Rights
- European Convention on Human Rights
- Some key concepts under the European Convention on Human Rights
- Appendix 1 Extracts From the European Convention on Human Rights and Fundamental Freedoms
- The European Convention on Human Rights
- European Union law and the protection of human rights
- Legislative interpretation in the European Court of Justice
- From the Treaty of Maastricht to the European Charter of Fundamental Rights
- The enforcement of human rights
- Protection of human rights by the common law
- Statute law other than the Human Rights Act1998
- The Human Rights Act 1998
- HUMAN RIGHTS: THE GREEK EXPERIENCE
- HUMAN RIGHTS PRIOR TO HUMANITAS ROMANA
- Chapter Nine Non-Legal Rights: Human or Humean?
- HUMAN RIGHTS IN THE LATE REPUBLIC: CICERO