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Is ECtHR exempt from ECHR?

Re: Is ECtHR exempt from ECHR?

Postby dls » Sat Dec 12, 2015 11:15 pm

Sauce for the goose, but not for the gander?


Exactly. The Convention binds its signatories. Those do not include the court itself.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Wed Feb 24, 2016 10:31 pm

dls wrote:
Sauce for the goose, but not for the gander?


Exactly. The Convention binds its signatories. Those do not include the court itself.

Is the court answerable to anybody?
Who is it that decides how they ought to be run?
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Re: Is ECtHR exempt from ECHR?

Postby dls » Wed Feb 24, 2016 10:59 pm

The court is a body with a constitution. It employs judges who decide cases, and it is funded however it is funded. It will no doubt be similar to many other international bodies.

You might as well ask if the United Nations has to be united.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Feb 25, 2016 12:23 am

dls wrote:The court is a body with a constitution...

Then it presumably has directors or equivalent?
How are those appointed?

You might as well ask if the United Nations has to be united.

"If" would not be the right question, but we do at least know who is the Secretary General of the UN, and can probably find out how he is supposed to be appointed.
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Re: Is ECtHR exempt from ECHR?

Postby atticus » Thu Feb 25, 2016 10:02 am

The Constitution of the ECHR is set out in Part II (Articles 19-51) of the European Convention on Human Rights. This covers matters such as the appointment and terms of office of judges and other officers.

The identity of the President and other Judges and officers of the Court is publicly available information: http://www.echr.coe.int/Pages/home.aspx ... /judges&c=
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Thu Feb 25, 2016 10:07 am

Thank you.
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