Claims Before the European Court of Human Rights (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
ECtHR relationship to EU
ECtHR relationship to EU
Not an EU institution
How ECtHR judges act
How ECtHR judges act
Independently, not representing their state
ECtHR panel size for merit assessment
ECtHR panel size for merit assessment
Three judges
ECtHR panel size for full case hearing
ECtHR panel size for full case hearing
Seven judges
ECtHR remedy for Convention breach
ECtHR remedy for Convention breach
Compensation or 'just satisfaction'
Can ECtHR force domestic law changes?
Can ECtHR force domestic law changes?
No, cannot force changes
Requirement before petitioning ECtHR
Requirement before petitioning ECtHR
Exhaust all domestic remedies first
Time limit for ECtHR petition
Time limit for ECtHR petition
Within six months of final domestic decision
Commission's first step with legitimate petitions
Commission's first step with legitimate petitions
Seek amicable resolution with member state
ECHR vs Human Rights Act 1998
ECHR vs Human Rights Act 1998
ECHR: treaty; HRA 1998: domestic UK legislation