Analysis of the Court’s Practice in Selected Areas

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:
Analysis of the Court’s Practice in Selected Areas

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The European Court of Human Rights's (ECtHR) jurisprudence relating to friendly settlements sometimes lacks uniformity and is difficult to classify into precisely circumscribed categories. In order to be understood properly, it often needs to be seen against the background of the political situation in a given country, the systemic nature of the alleged violations, or the circumstances of the individual case. In an attempt to provide a useful insight into the practice, this chapter examines different countries, different European Convention on Human Rights (ECHR) areas, and different procedures used by the Court. The samples to be studied were selected based on a thorough analysis of the Court's case law and the interviews were conducted with the most relevant actors. The objective of this multi-levelled analysis is to uncover some of the most relevant and complex features of friendly settlements. The practice of two countries, Turkey and Poland, under three different provisions, Articles 2, 3, and 6 (1) ECHR, are considered on the basis of the statistics collected for this study. The chapter also examines whether the premise ‘more money faster’, often associated with friendly settlements, really holds.

Keywords: European Court of Human Rights; friendly settlements; Turkish settlement practice; Polish settlement practice; human rights; European Convention on Human Rights

Chapter.  15536 words. 

Subjects: Human Rights and Immigration

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