Pub Date : 2018-08-09DOI: 10.1017/9781780688008.016
E. Guild, V. Stoyanova
The right to leave a country is enshrined in both international human rights law and its European counterpart. It is a right which is independent and does not require the individual exercising it to show that he or she is admissible in some other country. It is exercisable even in the absence of evidence of possible admission to a destination country. However, in Europe (and some other parts of the world) some states are seeking to encourage their neighbours to interfere with people’s right to leave a country on the grounds that these European states fear that people want to come to their borders. This article examines the right to leave a state from the perspective of international and European human rights law and questions the legality of various efforts to make it dependent on a right of entry to another country.
{"title":"The Human Right to Leave Any Country: A Right to be Delivered","authors":"E. Guild, V. Stoyanova","doi":"10.1017/9781780688008.016","DOIUrl":"https://doi.org/10.1017/9781780688008.016","url":null,"abstract":"The right to leave a country is enshrined in both international human rights law and its European counterpart. It is a right which is independent and does not require the individual exercising it to show that he or she is admissible in some other country. It is exercisable even in the absence of evidence of possible admission to a destination country. However, in Europe (and some other parts of the world) some states are seeking to encourage their neighbours to interfere with people’s right to leave a country on the grounds that these European states fear that people want to come to their borders. This article examines the right to leave a state from the perspective of international and European human rights law and questions the legality of various efforts to make it dependent on a right of entry to another country.","PeriodicalId":373856,"journal":{"name":"European Yearbook on Human Rights 2018","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131280618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-06-01DOI: 10.1017/9781780688008.014
F. Fontanelli, Kanstantin Dzehtsiarou
{"title":"Unprincipled Disobedience to International Decisions: A Primer from the Russian Constitutional Court","authors":"F. Fontanelli, Kanstantin Dzehtsiarou","doi":"10.1017/9781780688008.014","DOIUrl":"https://doi.org/10.1017/9781780688008.014","url":null,"abstract":"","PeriodicalId":373856,"journal":{"name":"European Yearbook on Human Rights 2018","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132095724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-05-31DOI: 10.1017/9781780688008.013
L. Glas
This contribution aims to answer the question which legal boundaries are applicable when domestic courts engage in a dialogue with the ECtHR about a Strasbourg judgment. This question is answered from an international legal perspective, i.e. the perspective of the ECtHR, and the perspective of eleven domestic legal orders. Where possible, this contribution will comment on the practical significance of the legal boundaries found, so as to put their significance into perspective.
{"title":"The Boundaries to Dialogue with the European Court of Human Rights","authors":"L. Glas","doi":"10.1017/9781780688008.013","DOIUrl":"https://doi.org/10.1017/9781780688008.013","url":null,"abstract":"This contribution aims to answer the question which legal boundaries are applicable when domestic courts engage in a dialogue with the ECtHR about a Strasbourg judgment. This question is answered from an international legal perspective, i.e. the perspective of the ECtHR, and the perspective of eleven domestic legal orders. Where possible, this contribution will comment on the practical significance of the legal boundaries found, so as to put their significance into perspective.","PeriodicalId":373856,"journal":{"name":"European Yearbook on Human Rights 2018","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129446184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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