| Description |
1 online resource (932 pages) |
| Series |
Tort and Insurance Law ; v. 30 |
|
Tort and insurance law.
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| Contents |
Introduction; Just Satisfaction under Art 41 ECHR: A Compromise in 1950 -- Problematic Now; I. General Remarks and Origin of Art 41; A. General; B. Origin of Art 41; 1. Discussions at the Congress of Europe and in the Parliamentary Assembly of the Council of Europe; 2. Preparatory work at the intergovernmental level of the Council of Europe; 3. Criticism of art 50; II. Characteristics of Art 41; A. General Considerations; B. When Does Art 41 Apply?; 1. General; 2. Specific conditions; a) Only partial or lacking national reparation for the violation found by the Court |
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B) The Court considers it 'necessary' to afford just satisfactionc) There is an 'injured party'; d) Causal link between the unlawful act and the injury sustained by the victim; e) Submission by the applicant of a claim for just satisfaction; C. Consequences of the Fulfillment of the Conditions of Art 41; 1. Just satisfaction; 2. Damage covered by art 41; a) Pecuniary damage; b) Non-pecuniary damage; c) Costs and expenses; III. Summary of the Main Features of the ECtHR's Case-Law Relating to Art 41; IV. Information on Comparable Provisions in Other International Human Rights Protection Systems |
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V. Application of Art 41 and Practical DifficultiesA. An Initially Modest Conception by the ECtHR of its Remedial Powers; B. Expansion of the Court's Remedial Powers Concerning Non-Pecuniary Reparations and Pilot Judgments; C. Requirement of Measures in Addition to the Payment of Just Satisfaction; D. Criticism Concerning Practice Regarding Art 41; VI. Remedies and Main Reform Ideas; A. Attempts Made with the Court to Strive for Greater Consistency Regarding Art 41; B. Action Taken at the Level of the Committee of Ministers and of Member States; C. Reform Proposals |
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VII. Issues for Further DiscussionVIII. Final Remarks; Fundamental Issues; Methodological Approaches to the Tort Law of the ECHR; I. Aims; II. Concerning the Method; III. The Rule in Art 41 ECHR and its Immanent Interpretation; IV. The Types of the Damage to be Compensated; A. Pecuniary Damage; B. 'Just Satisfaction' -- Beyond Pecuniary and Non-Pecuniary Damage?; C. Costs and Expenses in Particular; D. Interest in Particular; E. Non-Pecuniary Damage; F. Restitution in Kind (Restoration); V. Elements of the Violation and Ground for Liability; A. In General; B. Who is the State Liable for? |
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C. Reduction of the Burden of Proof in ImputationD. Liability for Omissions; E. Omission and Lack of Money; F. The Applicability of Obligations to Third Parties ('Horizontal Effect'); VI. Persons Entitled to Compensation; A. The Injured Parties; B. Close Relatives; VII. The Causal Link; A. In General; B. The Individual Cases; 1. Cases, in which the position on the causal link can be explained by the necessary condition formula (ie conditio sine qua non); 2. The 'direct' causal link; 3. 'Prohibition on speculation' and lawful alternative action |
| Summary |
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness, fault and compensation - namely when applying Art. 41 of the European Convention on Human Rights (ECHR). Methodological approaches to the tort law of the ECHR as well as the perspectives of human rights and tort law and public international law are also addressed |
| Notes |
4. Incomprehensible statements on the causal link |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Mostly in English ; two chapters available in both English and German |
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Print version record |
| Subject |
Torts -- Europe
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LAW / Torts.
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Torts
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Europe
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| Form |
Electronic book
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| Author |
Karner, Ernst
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Fenyves, Attila
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Steiner, Elisabeth
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| LC no. |
2011294044 |
| ISBN |
9783110260007 |
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311026000X |
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9783110259667 |
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3110259664 |
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