Monday, 23 June 2008

New Article on Interim Measures

The newest issue of the European Constitutional Law Review (vol. 4, issue 1, 2008, pp. 41-63) contains an article by colleagues from Utrecht and Ghent universities on interim measures:
Apart from being a case note on the judgment in Olaechea Cahuas v. Spain, it contains a much broader analysis on the nature and legal effect of interim measures: Yves Haeck, Clara Burbano Herrera & Leo Zwaak, 'Non-Compliance with a Provisional Measure Automatically Leads to a Violation of the Right of Individual Application ... Or Doesn't It?' This is the abstract:

Provisional or interim measures before the European Court of Human Rights – Historic judgment in the case of Olaechea Cahuas v. Spain – The non-compliance by a State with an interim measure leads to a violation of Article 34 ECHR, irrespective of the subsequent finding of a violation of other material provisions of the ECHR by the Court – Remaining (loopholes for) recalcitrant states – Lack of reasoning of interim measures – Lack of clarity as to applicants' unwillingness to abide by an interim measure and currently untenable, extremely narrow scope ratione materiae of situations in which interim measures are indicated by the Court – Codification of the institute of provisional measures by including it as a separate provision into the European Convention through an additional protocol.
For subscribers, the article is accessible electronically here.

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