Certain articles in the ECHR require that interferences made by the state to the relevant rights must be 'prescribed by law' or 'in accordance with the law'. Strasbourg has established an important test for determining this point. First, it must be shown that the interference with the Convention right has some basis in national law. The requirement that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the Sunday Times v UK (1979-80) 2 EHRR 245 case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is [...]. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a given action will entail.
Answer
sufficiently clear
Tags
#human-rights #public
Question
Certain articles in the ECHR require that interferences made by the state to the relevant rights must be 'prescribed by law' or 'in accordance with the law'. Strasbourg has established an important test for determining this point. First, it must be shown that the interference with the Convention right has some basis in national law. The requirement that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the Sunday Times v UK (1979-80) 2 EHRR 245 case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is [...]. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a given action will entail.
Answer
?
Tags
#human-rights #public
Question
Certain articles in the ECHR require that interferences made by the state to the relevant rights must be 'prescribed by law' or 'in accordance with the law'. Strasbourg has established an important test for determining this point. First, it must be shown that the interference with the Convention right has some basis in national law. The requirement that the respondent state must be able to point toa specific legal rule or regime which authorises its conduct gives the individual protection against arbitrary interferences with relevant rights. Second, as identified by the ECtHR in the Sunday Times v UK (1979-80) 2 EHRR 245 case (discussed in Chapter 12), the identified legal basis must have certain qualities of law. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is [...]. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a given action will entail.
Answer
sufficiently clear
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it aw. It must be shown that the law is accessible, in that individuals must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. In addition, it must be shown that the legal basis is <span>sufficiently clear. Furthermore, it must be shown that the legal basis is formulated in such a way that a person can foresee, to a degree that is reasonable in the circumstances, the consequences which a
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.