The role and importance of dissenting opinion of judge of European Court of Human Rights
Journal Title: Альманах міжнародного права - Year 2016, Vol 13, Issue
Abstract
The article deals with the pressing questions of legal nature, role, signs, kinds and legal consequences of separate opinions of judges and to determination of concept and features of separate opinion of judge of European Court of Human Rights. On results research it is set: a) separate opinions of judges of European Court of Human Rights, expounded in concrete business, contain positions that differ from majority of judges that participated in voting opinion; b) in basis of disagreement with a decreet there can be other theoretical construction fixed in basis of argumentation and conclusions; c) appearance of separate opinions of judges of European Court of Human Rights is conditioned them by a scientific world view, as they are the representatives of the states with the different legal systems and legal traditions; d) expressing separate opinion a judge is unconnected the previous decisions of European Court of Human Rights; e) by a separate idea the judge of European Court of Human Rights can form new doctrine basis of decision; f) separate opinion of judge of European Court of Human Rights does not cause legal consequences, but can be interesting both for scientists and for practical workers and specialists in the different fields of law; g) separate opinion of judge of European Court of Human Rights can be the source of right an as such that generate law.
Authors and Affiliations
В. А. ЗАВГОРОДНІЙ
Keywords
Related Articles
- EP ID EP443541
- DOI -
- Views 87
- Downloads 0
Protection of employees from industrial accidents and occupational diseases: the international legal aspect
The article deals with the legal regulation of the protection of employees from industrial accidents and occupational diseases by acts of the International Labor Organization. It has been determined that the social ins...
Procedure for resolving disputes under the Eurasian Economic Union
This article is an attempt to examine and analyses the dispute settlement procedure within the Eurasian Economic Union. The legal status and competence of the Court of the Eurasian Economic Union are being highlighted in...
Assessment of Transnational Threats Organized Crime
The article deals with a comprehensive analytical report by the United Nations (UN) Office on Drugs and Crime (UNODC) on «Transnational Organized Crime and its Threats». The author defines the fundamental directions of c...
Acquis communautaire from European consumer law
Presently, one of the most developed branches of EU law is consumer law. To improve the efficiency of consumer contract law conduct the harmonization of 28 Member States legislations. The European legislator considers...
Arbitration practice of the Permanent Court of Arbitration with respect to interstate maritime disputes
The article analyzes the decisions of arbitration tribunals concerning interna- tional maritime disputes; the cases are systematized for which temporary measures of legal pro- tection were prescribed; the author proved t...