0000000000463750
AUTHOR
Acconciamessa
showing 2 related works from this author
The Case Law of the ECtHR in 2020 in the Light of the Principle of Systemic Harmonisation
2021
This article provides for an overview of some relevant developments in the case-law of the ECtHR in 2020. Priority will be given to Grand Chamber judgments and decisions and those of the Chambers deemed to be relevant from a substantial and procedural viewpoint. Given that in 2020 the Steering Committee for Human Rights published its report on ‘The Place of the European Convention of Human Rights in the International and European Legal Order’, the case-law will be selected and examined from the viewpoint of the principle of systemic harmonisation. The aim is highlighting positive and negative examples of application of general international law by the ECtHR, of cross-fertilisation between t…
Bringing the child's procedural rights before the ECtHR through interpretative tools : access to justice, participation and representation
2020
The legal framework governing proceedings before the European Court of Human Rights (ECtHR) neither guarantees access to justice for children nor is it a child-sensitive procedure. Indeed, it does not allow for a direct hearing for children, nor does it provide them with an independent representative in cases of potential or actual conflict of interests. However, the Court has recently proved more conscious of such loopholes, and there is a trend towards the overcoming of such issues. The present contribution analyses this trend and justifies it by resorting to the interpretative reference to different international conventions, to the procedural rules of other international courts and trib…