Results 141 to 150 of about 145,852,437 (199)

‘Full Jurisdiction’ Under Article 6 ECHR: Hans Kelsen v. the Principle of Separation of Powers

open access: yesEuropean Public Law, 2020
This article examines the ‘full jurisdiction’ requirement under Article 6 European Convention on Human Rights (ECHR) and its implementation within European Court of Human Rights (ECtHR) case law. It first analyses the theoretical foundations for ‘full jurisdiction’ which implies, in principle, a substitutive review of the merits of administrative ...
Miriam Allena, Francesco Goisis
core   +5 more sources

Civil Asset Forfeiture and the Presumption of Innocence under Article 6(2) Echr

open access: yesNew Journal of European Criminal Law, 2014
This article deals with so-called civil asset forfeiture (CAF), or non-conviction based confiscation, and the presumption of innocence (POI). CAF measures are civil actions, directed against proceeds of crime, which facilitate the forfeiture of suspected criminal proceeds, even when it has not been possible to achieve a criminal conviction.
Johan Boucht
openaire   +2 more sources

Scientific evidence and the right to a fair trial under Article 6 ECHR

open access: yes, 2017
The European Convention on Human Rights (ECHR) does not mandate any particular format when forensic science findings are reported to the instructing magistrate or to the fact-finder. In the limits posed by the right to a fair trial (Article 6 ECHR), national authorities are thus free to set their own rules in the matter. However, even if the scientific
J. Vuille, L. Luparia, F. Taroni
openaire   +4 more sources

The Export of Goods Used for Torture and the Applicability of Article 3 Echr [PDF]

open access: yesThe European Convention on Human Rights Law Review, 2023
Article 3 of the European Convention on Human Rights (echr or Convention) is currently not understood to apply when Council of Europe member states export goods that could be used for torture, the death penalty, or other ill-treatment in third states. In
Trampert, J.; id_orcid
exaly   +2 more sources

Incompatibility of the Digital Economy Act 2010 Subscriber Appeal Process Provisions With Article 6 of the ECHR [PDF]

open access: yesInternational Review of Law, Computers and Technology, 2014
Through case-law research, this paper critically assesses the compatibility of the Digital Economy Act 2010 (DEA) subscriber appeal process provisions (Section 13 of the DEA) with Article 6 of the European Convention on Human Rights (ECHR).
Romero Moreno, Felipe
exaly   +2 more sources

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