The European Convention on Human Rights and Private Law : Comparative Perspectives from South-Eastern Europe / edited by Mateja Durovic and Cristina. Poncibò.

Format:

Book

Contributor:

Durovic, Mateja, editor.

Poncibo, Cristina, editor.

Series:

Modern Studies in European Law.

Modern Studies in European Law

Language:

English

Subjects (All):

Human rights.

Civil law.

Physical Description:

1 online resource (283 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

This book explores the complex relationship between private law and human rights, focusing on case studies from South-Eastern Europe. It examines how the European Convention on Human Rights (ECHR) influences private law fields and the broader implications of this interaction. The contributors provide insights from comparative, civil, procedural, and public law perspectives, addressing the challenges these interactions pose. The book aims to broaden the understanding of the rule of law within private relationships and the impact of ECHR case law on national legal systems in South-Eastern Europe. It is designed for scholars, legal policymakers, judges, and those interested in the evolving landscape of private law under human rights frameworks. Generated by AI.

Contents:

Intro

Contents

List of Contributors

PART 1: GENERAL DISCUSSIONS

1. Private Law, Rule of Law and the European Court of Human Rights: Comparative Perspectives from South-Eastern Europe: An Introduction

Introduction

The Intersection of Private Law, Rule of Law, and the ECHR Jurisprudence

The Region of South-Eastern Europe

The Intersection of Private Law and Rule of Law: Comparative and Interdisciplinary Perspectives

South-Eastern European Countries and the European Court of Human Rights

2. Rule of Law and the Next Generation EU Recovery Plan: A Bumpy Road from Vagueness to Conditionality

1. The Rule of Law as a Vague Notion

2. Interlude: The Rule of Law as a General Conditionality and the Mandate of International Financial Institutions

3. The Rule of Law in the EU: Metamorphosis of a Vague Standard

4. Conclusions

3. (Un)defining the Right to Property in the Light of the Case Law of the European Court of Human Rights

1. Introduction

2. The Scope of Article P1-1: How far the Notion of 'Possessions' Can Reach Out?

3. Extending the Scope of Article P1-1 through the Positive Obligations Doctrine

4. Bypassing the Temporal Scope of Article P1-1 in Property Restitution Cases

5. The Review of Justification for Interference with the Right to Peaceful Enjoyment of One's Possessions

6. Reinterpreting the Scope of Article P1-1 through the Prism of the Fair Balance Principle

7. Article P1-1: A Right without Substance?

8. The Search for a New Paradigm for Property Rights in the Climate Change Era

9. Conclusions

4. Access to Justice as an Integral Part of the Rule of Law in Western Balkan Countries

2. What is the rule of law and its 'Balkan' peculiarities

3. Access to Justice

PART 2: SUBSTANTIVE RIGHTS, SUCH AS RIGHT TO PROPERTY.

5. The System of Consumer Protection and its Correlation with the Concept of Human Rights Protection in Southeast Europe

2. Are Consumer Rights on the Way to Becoming Human Right?

3. The Notion of the Weaker Contracting Party in Legislation in Southeast Europe

4. Consumer Rights Protection and the Human Rights Regime at the International Level

5. The Scope of Protection of the Consumer Rights and the Directory of Consumer Rights According to the Legislation of Southeast European Countries

6. Constitutionalising of consumer rights - The Experience of Southeast European Countries

7. Public Law Elements in the Consumer Protection Regime of Southeast European Countries

8. Conclusion - How Close or Far are Consumer Rights from Being Granted Status as Human Rights?

6. Horizontal Application of Fundamental Rights and General Principles in Private Disputes: An Albanian Perspective

2. The Horizontal Application of the European Convention of Human Rights in Property Cases against Albania: The Initiation of a 'Cohabitation' with Article 6 of ECHR

3. The State Positive Doctrine in Property Cases against Albania

4. The Horizontal Application of Fundamental Rights in the Albanian Domestic System

5. Conclusions

7. The Role of the Rule of Law in Croatian Private Law Relationships

2. General Remarks on the Rule of Law

3. The Enforcement of the Rule of Law in Croatia

4. The Rule of Law and Protection of Fundamental Rights in Croatian Private Law

5. Conclusion

8. ECHR and the Derogation in a Time of Emergency - the Case of the Republic of North Macedonia

2. European Convention on Human Rights: the Importance of Article 15

3. The COVID-19 Pandemic as a Public Emergency

4. The Case of the Republic of North Macedonia

5. Conclusions.

9. Property Rights and the Secularisation of the State: Challenges of North Macedonian Pluralism

2. Religious Freedom and Private Property Legislation, National Jurisprudence, and ECtHR

3. The North Macedonian Orthodox Church and the Archbishopric of Ohrid

4. The History of the Ohrid Archbishopric After the Fall of the Socialist Bloc

5. The Bektashi Order and the Harabati Baba Teqqe

6. In Conclusion

PART 3: PROCEDURAL RIGHTS - ACCESS TO JUSTICE

10. Blast from the Past - Consumer Collective Redress in Serbia

2. Overburdened Judiciary

3. Introduction of Consumer Collective Redress into Serbian Law

4. The Role of Consumer Associations in Protecting the Collective Interests of Consumers in Serbia

5. Right to a Fair Trial

6. The Outcome

7. Influence on the Consumer-Trader Relationship

8. Conclusion

11. Rule by Law, Excessive Length of Proceedings, and Property Rights in Slovenia

2. The Slovenian Judicial System: In Facts and Figures

3. European Court of Human Rights' jurisprudence concerning Slovenia

4. Discussion and Policy Recommendations: Rule of Law, Rule by Law or Rule of Judges?

Appendix

12. Private and Family Life of Same-sex Couples before the ECtHR and the CJEU. The Romanian Perspective

2. Same-sex Relations in Romania. The Social and Legal Contexts

3. Same-sex Relations in Romania as Object of the Judicial Dialogue

4. Synergies and conclusions

13. Orthodoxy and Acquis Communautaire

Premises

1. The Acquis Communautaire as an identity ensemble of the European Union

2. Rights, Values and New Member States

3. Tradition and Ritual as Custodians of the Values of Orthodoxy

4. Demographic and Gender Policies.

5. Opening to the Market and the Issue of Ethnic and Denominational Cemeteries

6. Towards Possible Solutions

Index.

Notes:

Includes index.

Part of the metadata in this record was created by AI, based on the text of the resource.

Other Format:

Print version: Durovic, Mateja The European Convention on Human Rights and Private Law

ISBN:

9781509958108

150995810X

9781509958092

1509958096

9781509958115

1509958118

OCLC:

1467876713