The Theory, Potential and Practice of Procedural Dialogue in the European Convention on Human Rights System

Dialogue is the new buzzword for the European Convention on Human Rights (Convention) system. Judges throughout Europe have welcomed and encouraged dialogue, and references to the notion have become commonplace at conferences and in academic writing. Yet although the buzz has intensified, exactly why dialogue can be of added value is not often examined. Nor do those who rely on the notion usually explain how exactly it can be operationalised in a practical sense.
Author(s):
Lize R. Glas
Series:
School of Human Rights Research Series
Volume:
77
book | published | 1st edition
February 2016 | xx + 639 pp.

Paperback
€99.-


ISBN 9781780683751


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Details

Winner of the 2016 Max van der Stoel Human Rights Award

Dialogue is the new buzzword for the European Convention on Human Rights (Convention) system. Judges throughout Europe have welcomed and encouraged dialogue, and references to the notion have become commonplace at conferences and in academic writing. Yet although the buzz has intensified, exactly why dialogue can be of added value is not often examined. Nor do those who rely on the notion usually explain how exactly it can be operationalised in a practical sense.

This volume dissects the common-sense realisation that dialogue adds value to the Convention system, within which the State Parties, the Court, the Committee of Ministers (Committee), the Parliamentary Assembly (Assembly), and the Commissioner for Human Rights (Commissioner) interact. The question of why dialogue should occur is answered through an account of the way the system is established and how it functions, and of the developments and reform it has experienced.

The second aim of the volume is to establish whether Convention dialogue does indeed live up to its potential added value. For this purpose, 26 procedures and ‘procedural steps’ are investigated in the light of ‘indicators of dialogue’. The procedures include third-party interventions, the pilot-judgment procedure, and the Committee’s Human Rights meetings. Both the procedures’ dialogic potential on paper and their ‘dialogicness’ in practice are assessed, based in part on interviews with inter alia the Court’s judges, agents representing the states before the Court, and persons monitoring the execution of the Court’s judgments.

This volume will be of use to those who are interested in the notion of (Convention) dialogue and its theoretical underpinnings, and those who would like to know more about Convention-related procedures, the execution of the Court’s judgments, and the role that the Assembly and the Commissioner can play in the Convention system.


Chapters

Table of Contents (p. 0)

Chapter I. Introduction (p. 1)

Part 1

Chapter II. A Characterisation of the Convention System (p. 13)

Chapter III. A Characterisation of Dialogue (p. 69)

Chapter IV. The Convention System and Dialogue (p. 107)

Part 2

Chapter V. The Dialogic Potential of Procedures in the (Pre-)Merits Phase (p. 171)

Chapter VI. The Dialogic Potential of Procedures in the Execution Phase (p. 207)

Chapter VII. The Dialogic Potential of the Pilot-judgment Procedure (p. 243)

Chapter VIII. Conclusions: The Dialogic Potential of Convention-related Procedures (p. 255)

Part 3

Chapter IX. The Dialogicness of Procedures in the (Pre-)Merits Phase (p. 263)

Chapter X. The Dialogicness of Procedures in the Execution Phase (p. 375)

Chapter XI. The Dialogicness of the Pilot-judgment Procedure (p. 475)

Chapter XII. Conclusions: The Dialogicness of Convention-related Procedures (p. 521)

Chapter XIII. Conclusions and Recommendations (p. 529)

Appendix I. Interviewees Research Interviews (p. 575)

Appendix II. Sample of Questionnaire (p. 577)

Appendix III. Full Pilot Judgments (p. 583)

Summary in English (p. 585)

Summary in Dutch (p. 587)

Bibliography (p. 605)

Index (p. 625)

Curriculum Vitae (p. 637)

About the series:

School of Human Rights Research Series

The School of Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The world famous School of Human Rights Research is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.
Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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