Tuesday 18 August 2020

New Book on Civil Justice and European Human Rights Jurisprudence

Andrej Auersperger Matić, of the European Parliament, has published a new book with Cambridge University Press entitled 'Just Words. The Effectiveness of Civil Justice in European Human Rights Jurisprudence'. This is the abstract:

'This book examines the role of the European Court of Human Rights in promoting standards of effective civil justice in Europe. It defines judicial effectiveness as composed of three main components, namely the length, cost and predictability of proceedings. Following a comprehensive review of the relevant case law, the book argues that the legal standards established by the Court in these areas are rather modest, and that the legal reasoning behind them is predominantly formalist. Rather than developing an understanding of the relevant policy choices that determine the institutional framework of civil justice, the Court bases its decisions on abstract concepts like 'reasonable time', 'access to court' and 'legal certainty'. By sidelining the key institutional issues such as resource allocation and incentives, the Court has produced a largely theoretical case law that actually has little value for persons who wish to enforce their rights in courts.

Includes both a comprehensive definition of effectiveness as a legal concept and associated European human rights law

Analyses European Court of Human Rights case law from a pragmatic and empirical perspective allowing the reader to understand the distinction between rights and policy as often superficial and judging as a complex practice

Critically examines the work of the European Court of Human Rights helping the reader to review the work of European courts with a more critical eye and understand its problems.'

Wednesday 12 August 2020

New Edition of German-Language ECHR Handbook by Mark Villiger

The newest, third edition of Mark Villiger's famous German-language handbook on the ECHR has been published. Judge Villiger is a leading expert on the Convention and one of the Court's former judges. The book has a special focus on cases relating to Switzerland. This is the official title: Mark E. Villiger, Handbuch der Europäischen Menschenrechtskonvention (EMRK), mit besonderer Berücksichtigung der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte in Schweizer Fällen (Schulthess Verlag 2020). The book is also available in an electronic version. This is the publisher's abstract:

'Written in German, this completely revised third edition of the Handbook provides an up-to-date and comprehensive presentation of the European Convention and European Court of Human Rights. It offers quick and reliable answers to specific questions about the Convention’s substantial guarantees and the often complex procedures and manifold institutional aspects of the Court. Many cross-references are included to highlight the context, with frequent overviews summarising important principles of the Strasbourg case-law. Publication of the Handbook in 2020 coincides with the 70th anniversary of the Convention, providing readers with an invaluable overall assessment of the world’s most important international human rights court.

The author served for nine years as a judge at the Court, including three years as Section President.'