Jurisdictional immunities principle in the light of the European Court Of Human Rights case-law
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 45, Issue 2
Abstract
The present scientific paper develops a casuistic analysis of the European Court of Human Rights judgments delivered on the application of the jurisdictional immunities principle or its implications, on the ground of individual applications. There are identified cases where the immunity recognized to states in diplomatic relations as exponents of the state power and the right to access to justice of individual subjects under the jurisdiction of the Council of Europe member states were put in balance. Also, there are analyzed cases in which the applicants invoked that they were subjected to torture by state agents from the Middle East and demanded compensations in front of the British courts for the breach of their fundamental rights by those states. The judges of the Crown were in the situation to settle on the jurisdictional immunity recognized to the state on the ground of the State Immunity Act from 1978. Finally, the executional immunity during relations of a state and a private company in commercial relations, as well as jurisdictional immunity of the president in the case against the Republic of Moldova are also subjected to present scientific research.
Authors and Affiliations
Alaxandra Nica
Keywords
Related Articles
- EP ID EP406251
- DOI -
- Views 93
- Downloads 0
Limitations of the right to free movement in the enforcement procedure (II)
This investigation is based on the problem whether by applying the prohibition to leave the country towards the debtor it is defied or not freedom of movement. For this purpose, it was analyzed the jurisprudence of the...
The desertion as a socially dangerous act according to the Criminal Code of Ukraine
Considering increasing the number of desertions and abandonments of the military unit or the place of military service without permission, scientific research regarding the characterization of the composition of the crim...
International legal framework of freedom of thought
Freedom of thought is a fundamental right enshrined in many universal and regional instruments on the protection of human rights and fundamental freedoms. Relatively recently appeared this right, due to codification, has...
The concept of „possessions” under the European Convention on Human Rights
Ownership is a fundamental right, recognized by the European universal and regional human rights protection mechanisms. The European Court of Human Rights has examined many cases related to property protection, providing...
Co-report between the insured case and insured risk
Contemporary society is constantly confronted with an extraordinary diversity of risks: natural risks, occupational risks, health risks, environmental hazards that have negative effects on future generations, etc., whose...