Friendly Settlements before the European Court of Human Rights: Theory and Practice

Hardcover | September 19, 2010

byHelen Keller, Magdalena Forowicz, Lorenz Engi

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The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexploredinstrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional. The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are alsobinding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be 'privatised' and where the limits to the monetisation of human rights violation lie. This book evaluates possible abuses andidentifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the partiesis unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlementsprocedure can provide the applicant with 'more money faster'.

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The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexploredinstrument from doctrinal as well as practical ...

Helen Keller is Professor of Public, European and International Law at the University of Zurich. She has spent six months at the Court researching friendly settlements and interviewing the relevant actors. Since 2008, she has been a member of the United Nations Human Rights Committee. Her publications concerning International, Europe...

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Format:HardcoverDimensions:352 pages, 9.21 × 6.14 × 0.98 inPublished:September 19, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019960097X

ISBN - 13:9780199600977

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Table of Contents

1. Introduction2. Legal Framework and Practice3. Beyond Doctrine - The Strasbourg Realities4. Philosophical Background5. Analysis of the Court's Practice in Selected Areas6. The Future of Friendly Settlements