Search results for "Cour européenne"
showing 3 items of 3 documents
Choix du système électoral et Convention européenne des droits de l'homme : quelques observations à la lumière d'une affaire concernant une loi élect…
2013
Within the space of less than two years the European Court of Human Rights and the Italian Constitutional Court have returned almost opposing judgments on the question of the observance of political rights by Italy’s 2005 electoral law. The ECHR found the applications made to it by groups of electors inadmissible given the manifestly ill-founded character of the grievances they were based on. The Constitutional Court, on the contrary, concluded that the law was unconstitutional. At first sight, the differing approaches by the two courts and the differing conclusions they reached may be viewed as an expression of the complementary nature of the European system of protection of human rights w…
Droit administratif et Convention européenne des droits de l'homme
2014
International audience
Les mutations de la satisfaction équitable à l'aune de la jurisprudence de la Cour européenne des droits de l'Homme
2020
Equitable satisfaction was governed by Article 50 of the European Convention on Human Rights (ECHR) until the drafting of Protocol 11, which led to Article 41 governing the regime of fair compensation. Section 41 then reads: « If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party. »The principle of indemnisation derives from international law cases which constraints the State failing to fulfil its international commitments to remove retroactively the consequences of the…