Procedural Justice in Human Rights Adjudication: The European Court of Human Rights

Brems, Eva; Lavrysen, Luc

doi:10.1353/hrq.2013.0000

Cited by 46 publications

(23 citation statements)

References 18 publications

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“…73 In this regard, he stressed the importance of procedural justice for the ECtHR as a supranational body but also for human rights matters at the domestic level. He followed Brems and Lavrysen, 74 who stated that the harm caused by a lack of procedural justice should systematically be taken into account in this latter sphere.…”

Section: Relevance As Affirmed By the Ecthrmentioning

confidence: 99%

Procedural fairness: Between human rights law and social psychology

Graaf

2021

Netherlands Quarterly of Human Rights

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Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

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Section: Relevance As Affirmed By the Ecthrmentioning

confidence: 99%

Procedural fairness: Between human rights law and social psychology

Graaf

2021

Netherlands Quarterly of Human Rights

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“…]'. 118 Along with the new procedural approach recently favored by the Court, 119 the perspective not to be expelled before a full examination of the case as well as the remaining possibility to lodge a new application before national Courts or the Court, justify closing the case. 120 This allows the Court to avoid, or at least to postpone, the examination on the merits of sensitive issues that may damage its legitimacy.…”

Section: Using the Subjective And Casuistic Approach Under Article 37mentioning

confidence: 99%

The practice of the European Court of Human Rights when striking out applications

Abdelgawad

2018

Netherlands Quarterly of Human Rights

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This paper analyses how the European Court of Human Rights has applied Article 37 of the European Convention on Human Rights that gives it the power to strike out pending cases in the current context of an overwhelmed Court by individual applications. This article shows that the Court's interpretation of Article 37, while being casuistic and pragmatic, has evolved along the principles of subsidiarity and procedural justice and that the Court has used its discretion, notably to end cases regarding the expulsion of migrants. Yet this tool has not been a way of disposing repetitive applications which account for half of the pending cases.

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“…111 Second, following a clearly defined procedure is important for all state institutions, but it is especially so for bodies such as the IPC, which were created precisely in order to remedy human rights violations. 112 Finally, if the remedying body is following a more transparent process, this can affect the displaced population's perceptions about the fairness, neutrality and legitimacy of the other community's institutions. In turn, such perceptions can have a positive impact on the extent to which the applicants feel truly remedied and can, therefore, influence their willingness to coexist and cooperate with members of the other community in the future.…”

Section: A the Lack Of Legal Clarity In The Processmentioning

confidence: 99%

Remedying Displacement in Frozen Conflicts: Lessons From the Case of Cyprus

Hadjigeorgiou

2016

Camb. Yearb. Eur. Legal Stud.

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This article examines the jurisprudence of the European Court of Human Rights, in order to assess the effectiveness of the remedies provided and procedures followed by the Immovable Property Commission (henceforth, IPC), a mechanism that was established by Turkey in order to remedy displaced Greek Cypriots. It recommends changes for the improvement of the IPC and argues that with their adoption, the Commission could act as a blueprint for the establishment of similar remedying bodies in other frozen conflicts as well. Such institutions are not only important in terms of states' compliance with their human rights obligations, but can also contribute to the resolution of the underlying conflict itself.

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Procedural Justice in Human Rights Adjudication: The European Court of Human Rights

Cited by 46 publications

References 18 publications

Procedural fairness: Between human rights law and social psychology

Procedural fairness: Between human rights law and social psychology

The practice of the European Court of Human Rights when striking out applications

Remedying Displacement in Frozen Conflicts: Lessons From the Case of Cyprus

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