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3. The European Court of Human Rights: organization, practice, and procedure  

David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Krešimir Kamber

of ruling on the substantive issues raised by a case. It is an all-purpose Court, which has inherited from the Commission the essential tasks of filtering applications, fact-finding,

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19. Freedom of Assembly and Association  

take account of the elements regarded as essential by the Court’s case-law. From the Court’s case-law as it stands, the following essential elements of the right of association can

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2. Proceedings Before the Court  

automatically. In reviewing whether it has been observed it is essential to have regard to the particular circumstances of each case. This means, amongst other things, that the Court must take

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16. Protecting Private Life, the Home, and Correspondence  

her image is thus one of the essential components of personal development and presupposes the right to control the use of that image. Whilst in most cases the right to control such use

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12. The Right to a Fair Trial in Civil and Criminal Cases  

of the present case, where evaluations of this kind were to play such a significant role and where their outcome could be of major detriment to him, it was essential to the fairness

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4. The execution of the Court’s judgments  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

individual measures to be taken will vary from case to case. In certain categories of cases similar problems occur repeatedly. One group of cases is where the Court has found that domestic

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11. Personal Liberty and Security  

because the existence of such a suspicion is essential if detention on remand is to be ‘lawful’ under the Convention. 255 Similarly, in the case of a person detained on grounds of mental

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7. The Right to an Effective Remedy  

providing an abstract definition would not help and decides the issue on a case-by-case basis. 23 In the Klass case, 24 which concerned secret surveillance measures, the Court held that

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14. Limitations Common to Articles 8 to 11  

depend on the particular aspect of private life in issue. This was a case where ‘fundamental values and essential aspects of private life’ (that is, a woman’s right to physical integrity

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10. Article 7: Freedom from retroactive criminal offences and punishment  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

reconcile the decision with the Court’s ‘well-settled case-law’. The Del Río Prada case may best be regarded as an exceptional case on its facts, leaving the approach applied in Kafkaris

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9. Article 6: The right to a fair trial  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

agreement with it. 589 The essential requirement in such cases is that, in one way or another, the appeal court shows that it ‘did in fact address the essential issues’ in the appeal, and

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4. Freedom of movement for EU nationals  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

national was conceivable only in exceptional cases was confirmed in the CJEU case of KA (Case C-82/16). The case of Chavez-Vilchez (Case C-133/15) concerned a number of TCN mothers

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20. Protection of Property  

Poirrez case. 75 However, the admissibility decision of the Grand Chamber in the Stec case 76 clarified matters. The Grand Chamber accepted that the Gaygusuz case was ambiguous

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18. Freedom of Expression  

judgment in the Handyside case, the Court emphasised the importance of the rights protected by Article 10, which, it said, ‘constitutes one of the essential foundations of a democratic

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17. Freedom of Thought, Conscience, and Religion  

its judgments in the Manoussakis case 25 and in the Kalaç case, 26 but very much in passing. The question was presented more squarely in a case against France, though ultimately

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13. Aspects of the Criminal Process  

the Charges and Interpretation The possibility for an accused to know the case against him is essential to the preparation of a defence. The duty on the State under Article 6(3)(a)

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10. Protection from Slavery and Forced Labour  

be prohibited under Article 4(1) lawful. In the ‘ Sailor Boys ’ case 73 the respondent State argued that an essential feature of servitude is that it has been forced upon a person against

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11. The asylum process  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

just before the Tribunal hearing. The case concerned the safety of return to Iraq, relying on Article 15(c) of the QD, and it was essential to have proper argument, not only on the

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15. Protecting Family Life  

such evidence even in the case of a child of this age. The applicant in the Keegan case 62 was the father of a daughter by his unmarried partner. The case concerned the adoption of

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8. Article 5: The right to liberty and security of the person  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

very first case when it found ‘torture’ under Article 3: [j]‌udicial control of interferences by the executive with the individual’s right to liberty is an essential feature of