engleski

A critique of human rights protection mechanism before the European Court of Human Rights: The Croatian Perspective

The paper shall give a critical review of the working methods of the European Court of Human Rights (hereinafter: ECtHR), and at that primarily the filtering mechanism. The first part shall provide an overview of the development of the human rights protection mechanism before the ECtHR with special reference to Protocols No. 11 and 14. Protocol No. 14 saw the introduction of certain new institutes: a single and so-called rapporteurs who assist the single judge. Many have criticized the work of single judges and non- judicial rapporteurs. The critiques come mostly from the attorney milieu. Such criticism will be the subject of analysis in the second, central part of the paper. Does the ECtHR itself violate some of the rights guaranteed by the Convention? This being a question for debate, the third part of the paper shall try to answer it by taking into account the viewpoints of researchers, but also of legal practitioners, principally Croatian attorneys. The fourth part shall discuss whether there are further legal means following an inadmissibility decision, after which concluding remarks and recommendations will be made on how to resolve complaints and shortcomings of the mechanism of protection of human rights as guaranteed by the Convention.

European Court of Human Rights, Protocol No. 14, filtering mechanism, individual application

Rad je izložen 21.11.2016. putem skype (video link)