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Bart van der Sloot, The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy cases, 11 (2020) JIPITEC 160 para 1.
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%0 Journal Article %T The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy cases %A van der Sloot, Bart %J JIPITEC %D 2020 %V 11 %N 2 %@ 2190-3387 %F van der sloot2020 %X Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens’ human rights. One thing it did not, assess however, and that was scrutinising laws and policies as such, assessing whether Member States’ legislative branch had respected the principles of the rule of law and the minimum requirements of good law-making. That is, until recently. Propelled by cases revolving around mass surveillance activities, in just a couple small number of years, the Court has undergone a revolutionary transformation and now formally assesses the quality of Member States’ laws and even advises Member States’ legislative branch on how to amend its legal system in order to be Convention-compliant. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases. %L 340 %K Article 8 ECHR %K ECtHR %K Minimum Requirements of Law %K Quality of Law %K Rule of Law %U http://nbn-resolving.de/urn:nbn:de:0009-29-50989 %P 160-185Download
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@Article{vandersloot2020,
author = "van der Sloot, Bart",
title = "The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy cases",
journal = "JIPITEC",
year = "2020",
volume = "11",
number = "2",
pages = "160--185",
keywords = "Article 8 ECHR; ECtHR; Minimum Requirements of Law; Quality of Law; Rule of Law",
abstract = "Until very recently, the European Court of Human Rights was willing to assess whether Member States' executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens' human rights. One thing it did not, assess however, and that was scrutinising laws and policies as such, assessing whether Member States' legislative branch had respected the principles of the rule of law and the minimum requirements of good law-making. That is, until recently. Propelled by cases revolving around mass surveillance activities, in just a couple small number of years, the Court has undergone a revolutionary transformation and now formally assesses the quality of Member States' laws and even advises Member States' legislative branch on how to amend its legal system in order to be Convention-compliant. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-50989"
}
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TY - JOUR AU - van der Sloot, Bart PY - 2020 DA - 2020// TI - The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy cases JO - JIPITEC SP - 160 EP - 185 VL - 11 IS - 2 KW - Article 8 ECHR KW - ECtHR KW - Minimum Requirements of Law KW - Quality of Law KW - Rule of Law AB - Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens’ human rights. One thing it did not, assess however, and that was scrutinising laws and policies as such, assessing whether Member States’ legislative branch had respected the principles of the rule of law and the minimum requirements of good law-making. That is, until recently. Propelled by cases revolving around mass surveillance activities, in just a couple small number of years, the Court has undergone a revolutionary transformation and now formally assesses the quality of Member States’ laws and even advises Member States’ legislative branch on how to amend its legal system in order to be Convention-compliant. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-50989 ID - van der sloot2020 ER -Download
Wordbib
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ISI
PT Journal AU van der Sloot, B TI The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy cases SO JIPITEC PY 2020 BP 160 EP 185 VL 11 IS 2 DE Article 8 ECHR; ECtHR; Minimum Requirements of Law; Quality of Law; Rule of Law AB Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens’ human rights. One thing it did not, assess however, and that was scrutinising laws and policies as such, assessing whether Member States’ legislative branch had respected the principles of the rule of law and the minimum requirements of good law-making. That is, until recently. Propelled by cases revolving around mass surveillance activities, in just a couple small number of years, the Court has undergone a revolutionary transformation and now formally assesses the quality of Member States’ laws and even advises Member States’ legislative branch on how to amend its legal system in order to be Convention-compliant. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases. ERDownload
Mods
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 11 (2020) 2 |
|---|---|
| Title |
The Quality of Law: How the European Court of Human Rights gradually became a European Constitutional Court for privacy cases (eng) |
| Author | Bart van der Sloot |
| Language | eng |
| Abstract | Until very recently, the European Court of Human Rights was willing to assess whether Member States’ executive branch had operated on a legal basis, whether national courts had struck a fair balance when adjudicating cases, and whether Member States had a positive obligation to ensure adequate protection of citizens’ human rights. One thing it did not, assess however, and that was scrutinising laws and policies as such, assessing whether Member States’ legislative branch had respected the principles of the rule of law and the minimum requirements of good law-making. That is, until recently. Propelled by cases revolving around mass surveillance activities, in just a couple small number of years, the Court has undergone a revolutionary transformation and now formally assesses the quality of Member States’ laws and even advises Member States’ legislative branch on how to amend its legal system in order to be Convention-compliant. Doing so, it has gradually turned into a European Constitutional Court, in particular for privacy cases. |
| Subject | Article 8 ECHR, ECtHR, Minimum Requirements of Law, Quality of Law, Rule of Law |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-50989 |
