Role of the European Court of Human Rights (OCR A-Level Law): Flashcards

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Role of the European Court of Human Rights
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Location of ECtHR

Strasbourg, France

UK's ECHR status post-Brexit

Remains bound via EU-UK Trade and Cooperation Agreement

Judges' capacity at ECtHR

Personal capacity - not representing home states

Full hearing panel size at ECtHR

7 judges

Preliminary assessment panel size

3 judges

ECtHR power to remedy violations

Award compensation or 'just satisfaction'

ECtHR's power over domestic law

Cannot compel states to change their laws

Requirement before petitioning ECtHR

Exhaust all domestic remedies

Time limit to petition ECtHR

6 months from final domestic court decision

Main weakness of ECtHR enforcement

No effective mechanism to enforce decisions

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