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Is ECtHR exempt from ECHR?

Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Oct 23, 2014 11:27 am

I hear that the waiting time for cases to be heard at the ECtHR is now approaching something like five years, but Article Six requires a fair hearing within a reasonable time.
I expect there is an argument that this time is reasonable considering the number of cases it has to deal with, but I am getting reports of unreasonable dithering and dicking about.
Is the court exempt from the rules that it is supposed to enforce, and if not, then where do you go to take action against the court?
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Re: Is ECtHR exempt from ECHR?

Postby atticus » Thu Oct 23, 2014 12:26 pm

I am sure that you are aware of this:

http://www.echr.coe.int/Documents/Guide_Art_6_ENG.pdf (Edit - link fixed)

See pages 50 onwards for a discussion of length of time/delays in proceedings.

And also the "priority policy" of the European Court of Human Rights

http://www.echr.coe.int/Documents/Prior ... cy_ENG.pdf
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Oct 23, 2014 1:49 pm

atticus wrote:I am sure that you are aware of this:

Kind of you to show such confidence, but I fear it is misplaced... and at this time, I appear unable to get a gateway, so I can only guess at its content. I'll be surprised if it covers the point though.

And also the "priority policy" of the European Court of Human Rights

I am glad to hear they are prioritising.
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Re: Is ECtHR exempt from ECHR?

Postby atticus » Thu Oct 23, 2014 2:05 pm

Pop into your local library and use one of their computers.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Oct 23, 2014 7:10 pm

It helps if you spell the link correctly.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Oct 23, 2014 7:17 pm

atticus wrote:See pages 50 onwards for a discussion of length of time/delays in proceedings.

The only relevant point I have found is:
296.
Since it is for the member States to organise their legal systems in such a way as to guarantee the right to obtain a judicial decision within a reasonable time, an excessive workload cannot be taken into consideration...

Though I do not at this time claim to have read it all thoroughly.
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Re: Is ECtHR exempt from ECHR?

Postby dls » Fri Oct 24, 2014 6:14 am

The court is not of course a signatory to the convention which creates it. Human rights duties are due from governments and their expressions. A national court may be an expression of the state, but the ECtHR is not - rather the complete opposite.

On the other hand the Convention itself creates the Court and therefore sets out its powers and duties.

Unhelpful, I know, but why change the habits of a lifetime.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Sat Dec 13, 2014 6:05 pm

It occurred to me that perhaps the court is not at fault here.
If the court has recommended that the parties should come to a friendly settlement, then isn't there an argument that the court should not get involved again until the parties have failed to come to an agreement?

If the claimant does not engage in an attempt to reach a settlement, then he has no grounds to complain, but if it is the state that fails to engage, and that failure causes an unreasonable delay in the resolving of the matter, then might the claimant have grounds for action in respect of a second breach of Article Six?
If so, could he pursue that as a simple claim for damages in the county court?
It seems a crazy notion to take action against the nation in a county court, but I can't actually think of a logical reason why not. :?
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Dec 18, 2014 4:09 pm

It is not like you lot to not ridicule such a ridiculous idea. Are you all ill?
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Re: Is ECtHR exempt from ECHR?

Postby Millbrook2 » Thu Dec 18, 2014 5:12 pm

Perhaps it's fatigue at considering ridiculous ideas.
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