Chapter

Legal Framework and Practice

Helen Keller, Magdalena Forowicz and Lorenz Engi

in Friendly Settlements before the European Court of Human Rights

Published in print September 2010 | ISBN: 9780199600977
Published online January 2011 | e-ISBN: 9780191595820 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600977.003.0002
Legal Framework and Practice

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This chapter describes the standard development of a case that arrives in Strasbourg to show the various opportunities for the settlement of a case in the different phases of the proceedings. The chapter examines when friendly settlements come into play in the normal progression of an application before the Court. As the legal framework has changed in the last twenty years, the chapter reflects the roles of the different actors involved in friendly settlements following the various reforms. Further, it reviews the practice of the former European Commission of Human Rights by showing the peculiarities and the continuation of the scheme. The main focus is, however, the period from 1998 until 2009 and the legal framework in force at that time.

Keywords: European Court of Human Rights; friendly settlements; human rights disputes; legal framework; European Commission of Human rights

Chapter.  24712 words. 

Subjects: Human Rights and Immigration

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