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
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- EP ID EP406251
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