10 votes
Accepted

Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?

Yes, this has come before the Court. Some prominent examples are - Mathieu-Mohin and Clerfayt v Belgium (1987), the first time Article 3 was before the European Court of Human Rights, on the complex ...
loenoe's user avatar
  • 116
9 votes

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

germany The Bundesverfassungsgericht can strike down laws if they are against the constitution. Laws are generally passed with a simple majority (sometimes just of the federal legislature, sometimes ...
o.m.'s user avatar
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7 votes
Accepted

Can you seek asylum for not wanting to do your mandatory military service in your home country?

In Europe (as defined above) it does not appear that any country allows an asylum claim based solely on the fact of being subject to obligatory military service. However, asylum claims can be made ...
user6726's user avatar
  • 215k
7 votes
Accepted

What legal system does the European Union use?

I was curious as to what legal system the EU uses? I have seen Articles which give me the feeling of a Civil Legal System, but I have also found case law (I think this is EU case law?) being quoted. ...
ohwilleke's user avatar
  • 212k
6 votes

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

australia What “fundamental rights”? The courts can strike down any law that violates the Constitution, however, apart from the free exercise of religion, the Australian Constitution contains no ...
Dale M's user avatar
  • 208k
5 votes
Accepted

Do all legal persons have human rights?

canada It depends on the right. See Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32: To claim protection under the Charter, a corporation ⸺ indeed, any claimant ⸺ must establish that &...
Jen's user avatar
  • 54.5k
4 votes
Accepted

Can one disclaim or renounce a British peerage after holding it for a year?

There is currently no means for the Earl to disclaim his title, if it has been longer than the permitted period since he inherited it. He also could not do so if he was the first holder, since the ...
craw's user avatar
  • 401
3 votes

Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?

There's a lot that could be discussed here because your question effectively asks about the widely discussed and disputed relationship of European nations and the sovereignty they may or may not have ...
DPenner1's user avatar
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3 votes
Accepted

Could cases regarding violations of the ECHR be heard before UK courts prior to the Human Rights Act 1998?

Before the Human Rights Act 1998, you could not complain on European Convention on Human Rights grounds to domestic courts. The UK as a state was signatory to and therefore bound by the Convention. ...
Lag's user avatar
  • 16.8k
3 votes

Is there a "human right" concerning the state and forcing citizens to enter contract?

If you read 20.2 in the context of 20.1, "association" means e.g. trade unions. EU societies widely accept the right of the state to force e.g. motorists to buy insurance from one of a few ...
o.m.'s user avatar
  • 17.6k
2 votes
Accepted

What effect would leaving the ECHR have on the cases it was used in?

Notes: I'm using ECHR for the European Convention on Human Rights, and ECtHR for the European Court of Human Rights, which adjudicates said Convention. Also, I assume the UK Human Rights Act 1998 (HRA)...
DPenner1's user avatar
  • 4,931
2 votes

What effect would leaving the ECHR have on the cases it was used in?

Leaving would have no effect on finalised cases There is an analogy here when Australia left the jurisdiction of the Privy Council leaving the High Court of Australia as the highest court from which ...
Dale M's user avatar
  • 208k
2 votes

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

canada To the extent that a fundamental right has been constitutionalized, courts can render laws that unjustifiably infringe that right to be of no force or effect. In interpreting a law alongside ...
Jen's user avatar
  • 54.5k
1 vote

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

france In France, and I suspect elsewhere in the European Union, fundamental rights are guaranteed by the Constitution (and other constitution-like texts) on one hand, and by the European Union ...
Maxime's user avatar
  • 802
1 vote
Accepted

What are the “protocols” to the ECHR?

The protocols are listed and linked in this pdf. It also explains: Over the last 50 years additional protocols have been repealed, integrated into the Convention or replaced, and today, the text of ...
Jen's user avatar
  • 54.5k
1 vote

Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?

This is really an addition to DPenner1's excellent answer but dealing specifically with the question of the supremacy of EU law. Supremacy of EU Law and the CJEU The key to understanding the overall ...
Nemo's user avatar
  • 1,607
1 vote
Accepted

Does the European Convention on Human Rights protect from infringements arising as a result of exercising rights in conjunction?

In MODINOS v. CYPRUS it was held that the mere existence of a law on the books criminalizing male homosexual conduct was a violation of article 8 of the European Convention on Human Rights (ECHR) and ...
David Siegel's user avatar

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