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Books on the topic 'Principle of an Effective Judicial Protection'

Author: Grafiati

Published: 5 September 2021

Last updated: 29 July 2025

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1

Arai-Takahashi, Yutaka. The margin of appreciation doctrine and the principle of proportionality in the jurisprudence of the ECHR. Intersentia, 2002.

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2

Office, General Accounting. Foreign affairs: Internally displaced persons lack effective protection : report to the Chairman and the ranking minorty member, Committee on Foreign Relations, U.S. Senate. The Office, 2001.

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3

Goremykin, Sergey. Relay protection and automation of electric power systems. INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1048841.

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The textbook describes the main issues of the theory of relay protection and automation of electric power systems. The structure and functional purpose of protection devices and automation of power transmission lines of various configurations, synchronous generators, power transformers, electric motors and individual electrical installations are considered. For each of the types of protection of the above objects, the structure, the principle of operation, the order of selection of settings are given, the advantages and disadvantages are evaluated, indicating the scope of application. The manu

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4

Dergunova, Viktoriya, and Anastasiya Prokopova. Analysis of legal regulation and judicial practice of resolving disputes between parents about children. INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1218051.

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The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protectio

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5

Bonelli, Matteo, Mariolina Eliantonio, and Giulia Gentile, eds. Article 47 of the EU Charter and Effective Judicial Protection, Volume 2. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509948024.

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This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used this principle to shape EU and national procedural rules; more recently, the principle has acquired a central role in the EU constitutional structure. In this second volume, an expert team explores how national courts have applied Article 47 and the

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6

Drake, Sara C. The principle of effective judicial protection in actions for breach of community law before the national courts. 2000.

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7

DUIN, VAN. Effective Judicial Protection Consumerhb. Intersentia Uitgevers N.V., 2022.

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8

Hatje, Armin, and Peter-Christian Müller-Graff, eds. XXIX. FIDE-Kongress. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748926061.

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This volume brings together the German national reports on the topics of the XXIX FIDE Congress. They deal with three current Union law issue areas: The role of national courts in the enforcement of Union law (application between private parties, primacy of application, principle of mutual recognition, judicial independence, effective judicial protection, duty of referral to the ECJ); the new EU data protection regime (the national concretisation of responsibilities, rights and enforcement as well as data processing for national security purposes); the digital economy as a challenge for EU com

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9

Szente, Zoltán, and Konrad Lachmayer. Principle of Effective Legal Protection in Administrative Law: A European Perspective. Taylor & Francis Group, 2016.

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10

Principle of Effective Legal Protection in Administrative Law: A European Perspective. Taylor & Francis Group, 2016.

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11

Szente, Zoltán, and Konrad Lachmayer. Principle of Effective Legal Protection in Administrative Law: A European Perspective. Taylor & Francis Group, 2016.

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12

Szente, Zoltán, and Konrad Lachmayer. Principle of Effective Legal Protection in Administrative Law: A European Perspective. Taylor & Francis Group, 2016.

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13

Szente, Zoltán, and Konrad Lachmayer. Principle of Effective Legal Protection in Administrative Law: A European Perspective. Taylor & Francis Group, 2016.

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14

Szente, Zoltán, and Konrad Lachmayer. Principle of Effective Legal Protection in Administrative Law: A European Perspective. Taylor & Francis Group, 2018.

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15

Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland. Bloomsbury Publishing Plc, 2009.

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16

Ryall, Aine. Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland. Bloomsbury Publishing Plc, 2009.

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17

Effective Judicial Protection And the Environmental Impact Assessment Directive in Ireland. Hart Pub, 2008.

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18

Article 47 of the EU Charter and Effective Judicial Protection, Volume 2: The National Courts' Perspectives. Bloomsbury Publishing Plc, 2023.

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19

Eliantonio, Mariolina, Matteo Bonelli, and Giulia Gentile. Article 47 of the EU Charter and Effective Judicial Protection : Volume 1: The Court of Justice's Perspective. Bloomsbury Publishing Plc, 2022.

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20

Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.

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This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibiti

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21

Pierre, d’Argent, and de Ghellinck Isabelle. Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0036.

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Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victi

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22

Capaldo, Giuliana Ziccardi. Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0001.

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This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the statute of limitations. The Italian Supreme Court failed to apply this principle of global constitutional law. Nor did the ECtHR implement effective remedies against impunity. The author proposes reopening time-barred criminal proceedings as a useful tool against impunity to give full effect to ECtHR jurisprudence supporting the generally recognized principle of the non-applicability of statutory limi

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23

Garcia, Gabriel Pereira. O habeas corpus como instrumento de tutela dos direitos da personalidade. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-179-0.

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This monograph analyzes the legal institute of habeas corpus in the Brazilian civil process, in particular, to survey and validate the hypotheses in which the writ procedure can be used in the protection of the rights of the personality, understood here as those powers that guarantee the safety physical, moral and intellectual of the human person. It identifies the damages resulting from the affront to the rights of the personality as well as the legal instruments suitable for the effective judicial provision. It analyzes the appropriateness and adequacy of the habeas corpus legal instrument f

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24

Sweet, Alec Stone, Clare Ryan, and Eric Palmer. A Kantian System of Constitutional Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0003.

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This chapter develops an account of a Kantian system of constitutional justice based on a series of interlocking claims: (i) that the People have placed their freedom in trust, in the form of a charter of rights; (ii) that rights provisions instantiate the foundations on which the external freedom of all persons may be constructed; (iii) that public officials are under a duty to make and enforce law in ways that fulfill the rights of persons that come under their authority; (iv) that an omnilateral trustee, a constitutional court, supervises the lawmaking activities of officials, through the e

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25

Frid, Christopher L. J., and Bryony A. Caswell. Regulation, monitoring and management. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198726289.003.0007.

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Pollution is detrimental by definition, but cheap waste disposal provides economic benefits to society. A balance is needed between protection of the environment and the level of acceptable change. Laws and regulations set out those levels and then science must monitor the environment to ensure that levels of change remain in the acceptable boundaries. Designing and implementing monitoring programmes is difficult in the marine environment as data collection is expensive and the systems are naturally highly variable, making data ‘noisy’. One of the most widely accepted axioms in international e

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26

Stone Sweet, Alec, and Jud Mathews. Proportionality Balancing and Constitutional Governance. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841395.001.0001.

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This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful do

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27

Knopp, Lothar, ed. Effektives Rechtsschutzgebot - deutsche Verwaltungsgerichtsbarkeit quo vadis? Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845298337.

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The stipulation of effective legal protection anchored in Germany’s Basic Law seems to have mutated into a pure chimera, especially in the country’s administrative courts. In stipulating appropriately long court procedures, the Basic Law often confronts legal protection seekers with excessively long proceedings, sometimes without the prospect of a timely judicial decision. This publication is dedicated to this subject, while at the same time showing the causes of and legal remedies for excessively long procedures. The focus of the examination lies on Brandenburg. In addition to addressing the

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28

Moreno-Lax, Violeta. Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory). Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0010.

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The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standa

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29

Park, Ki-Gab. Law on Natural Disasters. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0009.

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The chapter argues that natural disasters are common concerns in the international community. At the same time, the current international cooperation mechanism, based on the principle of equal sovereignty, require prior consent by the state affected by a natural disaster. Unfortunately, this is not always an efficient tool for the protection of victims. The globalization of problems and the proliferation of humanitarian crises make the veritable solidarity of the international community increasingly necessary, and therefore another high value, namely international solidarity or community oblig

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30

Thio, Li-ann. Rule of Law in Singapore. Hart Publishing, 2025. https://doi.org/10.5040/9781509951420.

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This book examines the operation of the rule of law in the non-liberal democracy of Singapore. The rule of law in Singapore has been both lauded for anchoring efficient and effective government and lambasted for being procedural and statist. 21st-century Singapore has experienced modest political liberalisation, manifesting a paternal democracy where the governor-governed relationship is evolving, from a ‘father knows best’ paternalistic mindset to a more consultative approach to governance, where dialogue rather than diktat is the norm in a post-deferential era. The Singapore case study helps

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31

Moreno-Lax, Violeta. Accessing Asylum in Europe. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.001.0001.

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This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual

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32

Coppel KC, Philip. Information Rights. 6th ed. Bloomsbury Publishing Plc, 2023. http://dx.doi.org/10.5040/9781509967339.

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“An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical.” (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 6th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions published since

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33

Einstein, Andrew J. Radiation Considerations. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199392094.003.0034.

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Radiation considerations are an integral part of the practice of nuclear cardiac imaging. Concern regarding radiation has increased in recent years, reflected in statements by many professional societies, and likely attributable both to rapid growth in use of nuclear cardiology as well as high doses received by some nuclear cardiology patients. The fundamental principles of medical radiological protection are justification (ensuring that the right test is performed for the right patient at the right time), optimization (ensuring that the test is performed in the right manner), and dose limitat

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34

Cortese, Anthony. Opposing Hate Speech. Greenwood Publishing Group, Inc., 2005. http://dx.doi.org/10.5040/9798400693625.

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What happens when two deeply held American values, freedom of expression and freedom from discrimination, clash? In any well-established democratic society, people have the right to free speech as well as the right to equal treatment and protection under the law. But when one person's speech harms another person on the basis of race, ethnicity, religion, gender, or sexual orientation, it may qualify as hate speech and be subject to restriction. Cortese argues that restricting hate speech does not violate the guiding principle behind the First Amendment, but he is not eager to see more lawsuits

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